IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.122 of 2007 ----------- 1. Sarv Mangla Devi Trust through its Managing Trustee Prem Shankar Chaudhary 2. Sri Prem Shankar Chaudhary, son of late Ram Chandra Prasad Chaudhary, Managing Trustee of Sarv Mangla Devi Trust 3. Sri Uma Shankar Jaiswal, son of late Ram Chandra Prasad Chaudhary Trustee 4. Sri Shambhu Prasad Chaudhary, son of late Bhola Prasad Choudhary Trustee All residents of Sarv Mangla Devi Trust, Gulzarbagh Station Road, Police Station Road, P.S.Alamganj, Patna -800007,District Patna … Appellants Versus 1. The Bihar State Board of Religious Trust, at Vidyapati Marg, P.S. Budha Colony, Patna -800001. 2. Sri Ram Kripal Yadav, President, B.S.B.R.T. Board, Vidyapati Marg, Budha Colony, Patna -800001. … Respondents 3. Sub-Divisional Officer, Patna City, Ex-Officio, President 4. Sri Ram Najresh Prasad, son of Sri Jugal Ram, Mohalla Mehdiganj, P.S. Khajekalan, District Patna, Patna-800008-Vice President 5. Sri Jagdish Prasad, son of late Saudagar Sao, resident of Mohalla- Moghalpura, Jaggi-Ka-Chauraha, P.S. Khajekalan, District Patna …Manager/Member-cum-Secretary 6. Boards Representative Member (name not disclosed, Bihar State Board of Religious Trust, at Vidyapati Marg, P.S. Budha Colony, Patna -800001. 7. Sri Kartik Prasad, son of late Deonandan Mahto, At Choti Pahari, Rasida Chak, P.S. Alamganj, District Patna, Patna-800007. ….Member- Respondents ------- 31/ 18.05.2011 Learned counsel for the appellants submits that Title Suit No. 370 of 1989 has already been dismissed on contest with cost by Subordinate Judge-IV, Patnacity vide judgment and decree dated 15.04.2011. He produces a copy of the said judgment of the trial court. 2. Learned counsel for the appellants submits that he has filed Title Appeal No. 47 of 2011, which is pending before the 2 District Judge, Patna. 3. In the aforesaid circumstances, learned counsel for the appellants seeks permission to withdraw this miscellaneous appeal in order to raise all the points taken herein before the appellate court hearing the aforesaid T.A. No. 47 of 2011. 4. Accordingly, this miscellaneous appeal is disposed of as withdrawn with the aforesaid liberty. MPS/ ( S. N. Hussain, J. )