IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1011 of 2008 HANIF MIAN & ORS Versus RAFIQUE MIAN & ORS ----------- 6. 13.1.2009 Heard Mr. Ganpati Trivedi, learned counsel for the petitioners and Mr. Manan Kumar Mishra, learned Senior Counsel as also Mr. Satya Prakash Srivastava, Advocate appearing for the opposite parties at some length. Counsel for the petitioners, however, realizing his difficulties as against the impugned order disposing of only a preliminary issue submits that he may be permitted to withdraw this application with a liberty to him to raise this very question before the court below which may be directed to frame a specific issue with regard to the suit being barred by the principle of res- judicata and decide it along with other issue on the basis of evidence adduced by both the parties Counsel for the opposite parties have no objection to such a prayer and in that view of the matter, this Court while according leave to the petitioners to withdraw this civil revision application 2 would direct the court below to frame this question of resjudicata as a separate issue and try the same with the other issues and dispose all of them together at the time of final adjudication in the light of evidence adduced. In view of history of long pendency of the earlier suit giving rise to the present suit, the court below is expected to expeditious steps for early disposal of the suit. It goes without saying that the interim order passed in this case shall stand vacated. With the aforesaid observations/ directions this civil Revision Application is permitted to be withdrawn as prayed for. (Mihir Kumar Jha,J.) Surendra/