IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10942 of 2011 Ashok Chaudhary @ Ashok Kr.Chaudhary Versus Shri Ranjeet Kumar Shrivastava ---------------------------------- 13. 30.11.2011. By the impugned order dated 24.03.2011 passed by Sub Judge IXth Muzaffarpur in partition suit No.340 of 2005 the objection of the petitioner to the Pleader Commissioner’s report has been rejected and the Pleader Commissioner’s report has been confirmed. In view of the above factual position, the order whereby the Pleader Commissioner report has been confirmed as a Judgment and decree within the meaning of Section 2 sub- Section 2 of the Code of Civil Procedure and, therefore, it is appealable. From perusal of the impugned order, it appears that only the formal decree has to be drawn up by the office. In view of the above facts, the learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to file appeal before appropriate forum, i.e., before the District Judge as the valuation of the suit is less than 2 lakhs. Permission is accorded. If the appeal shall be filed by the petitioner before the lower appellate Court within one month from today with a limitation application, the lower appellate Court shall consider it and decide it according to law. With this liberty aforesaid, this writ application is dismissed as withdrawn. Sanjeev/- (Mungeshwar Sahoo,J.)