IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2114 of 2006 ASHOK TIWARY, SON OF HARIDWAR TIWARY, RESIDENT OF VILLAGE-BHALUHAN, P.S. KARAMCHAT, DISTRICT-KAIMUR (BHABUA)………………………..PLAINTIFF/PETITIONER. Versus 1. KANHAIYA TIWARY. 2. SUDAMA TIWARY. SONS OF KAILASH TIWARY. BOTH RESIDENTS OF VILLAGE-BHALUHAN, P.S. KARAMCHAT, DISTRICT-KAIMUR (BHABUA). ……….DEFENDANTS/OPPOSITE PARTIES…………….IST SET. 3. SHEOSHANKAR TIWARY. 4. SATYA NARAYAN TIWARY. 5. VIJAY TIWARY. SONS OF LATE RANGNATH TIWARY. ALL ARE RESIDENTS OF VILLAGE-BHALUHAN, P.S. KARAMCHAT, DISTRICT-KAIMUR (BHABUA). …………………………..DEFENDANTS/OPP. PARTIES IIND SET. 6. LAL BABU TIWARY, SON OF LATE KAILASH TIWARY. 7. GAURI SHANKAR TIWARY. 8. SITA RAM TIWARY. 9. RAJENDRA TIWARY, SON OF KULDEEP TIWARY. 10. KAMLA KUER, WIFE OF LATE KEDAR TIWARY. ALL ARE RESIDENTS OF VILLAGE-BHALUHAN, P.S. KARAMCHAT, DISTRICT-KAIMUR (BHABUA). …….DEFENDANT/OPP. PARTIES IIIRD SET…OPP. PARTIES. ----------- For the Petitioner : Mr. Surendra Kumar Mishra, Advocate. ------------ 5. 15.10.2009. This Civil Revision is directed against the order dated 17.10.2006 passed by the Munsif, Kaimur, in Title Suit No.40 of 2005, whereby the Review Application filed for review of the order dated 28.2.2006, whereby the court below had refused to set aside the abatement and substitute the legal representatives of the deceased- defendant no.3, had been rejected. After some argument, the learned counsel for the petitioner - 2 - seeks permission to withdraw this application to challenge the order dated 28.2.2006, a review whereof was filed and rejected by the court below by the impugned order dated 17.10.2006. Permission is accorded. This Civil Revision is dismissed as withdrawn. However, if the petitioner challenges the order dated 28.2.2006 passed by the court below refusing to set aside the abatement and to substitute the legal representatives of the deceased- defendant no.3, namely, Langeshwar Tiwary, before the appropriate forum, then the matter will be decided in accordance with law without being prejudiced by the dismissal either of the review before the court below or this Civil Revision. P.S. (Dr. Ravi Ranjan,J)