IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3566 of 2011 Md. Shahabuddin @ Chittu …….. Petitioner Versus Md. Ainul Hoda ……. Opposite Party For the Petitioner : Mrs. Saba Ashfaque, Advocate 2 30.11.2011 In view of the fact that M.J.C. No. 173 of 2011 also stands dismissed due to non compliance of order dated 10.8.2011, learned counsel seeks leave to withdraw this application in view of the fact that the sole petitioner has already died at the time of passing of order dated 4.11.2010 in the concerned civil revision and inadvertently the fact could not be brought to the notice of this Court by the learned counsel that the sole petitioner has died and a petition for substitution of his heirs and legal representatives was filed and was pending. However, it is contended that liberty may be granted to the legal heirs of the deceased petitioner who had already filed I.A. No. 9133 of 2010 for their substitution in place of the deceased sole petitioner in C.R. No. 1244 of 2007, to file a writ application 2 under Article 227 of the Constitution of India challenging the order dated 25.4.2007 passed by Munsif II, Samastipur which was under challenge in the Civil Revision concerned. Permission is granted. Accordingly, this application is dismissed as withdrawn. However, this order would not come in way of the legal heirs of the deceased sole petitioner, who had filed I.A. No. 9133 of 2010 in the connected civil revision, in challenging the order dated 25.4.2007 passed by Munsif II, Samastipur in the Eviction Suit No. 7 of 2006 by filing a properly constituted writ petition under Article 227 of the Constitution of India. Spd/- (Dr. Ravi Ranjan, J.)