IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.128 of 2008 Santosh Pandey @ Santosh Kumar Pandey S/o Ram Bahal Pandey @ Ram Bahal, R/V Baheliya, P.S. Guthni, District Siwan. ………Plaintiff-Petitioner. Versus 1. Ram Bahal Pandey S/o late Shiv Prasad Pandey 2. Hansnath Pandey S/o Ram Bahal Pandey 3. Praveen Pandey S/o Ram Bahal Pandey 4. Manoj Pandey S/o Ram Bahal Pandey 5. Sudhir Pandey S/o Ram Bahal Pandey 6. Binod Pandey S/o Gauri Shankar Pandey All are resident of village Baheliya, P.S. Guthni, District Siwan. ………Defendants-Opposite parties. For the petitioner :Mr. Ajay Mishra, Advocate. For the opposite parties : None. ----------- 03/ 12.11.2009 Heard learned counsel for the petitioner. This civil revision has been filed on behalf of plaintiff-petitioner challenging order dated 26.11.2007 by which the learned District Judge, Siwan dismissed Miscellaneous Appeal No.24 of 2007, which was filed by the plaintiff- petitioner against order dated 05.04.2007 by which the learned Subordinate Judge-VII, Siwan rejected his application for injunction under Order XXXIX Rule 1 of the Code of Civil Procedure filed in Title Suit No.343 of 2006, which was filed for partition of his share in the suit property. After some arguments, learned counsel for the petitioner seeks permission to withdraw this civil revision to take recourse before other forum as prescribed by the Hon’ble Apex court in case of Surya Dev Rai Versus Ram Chander Rai and others, reported in (2003) 6 Supreme Court Cases 675. 2 With the said liberty, this civil revision is dismissed as withdrawn. harish (S.N. Hussain, J.)