IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1838 of 2009 BIJAY PRASAD, SON OF LATE PRAHLAD JEE PRASAD, RESIDENT OF MOHALLA TELHATTA BAZAR, SIWAN, P.S. SIWAN, NAGAR, DISTRICT-SIWAN. ………………………DEFENDANT..APPELLANT..PETITIONER. Versus 1. MUNNA PRASAD, SON OF LATE JAGARNATH PRASAD. 2. KUSMINA DEVI, WIFE OF LATE JAGARNATH PRASAD. BOTH RESIDENT OF MOHALLA NAI BILA SIWAN, P.S. SIWAN NAGAR, DISTRICT-SIWAN. ………PLAINTIFFS..RESPONDENTS..OPPOSITE PARTIES. ----------- For the Petitioner : Mr. Ashok Kumar, Advocate. For the Opposite Parties : Mr. Ranjan Kumar Dubey, Advocate. --------- 4. 3.2.2010. After some argument, learned counsel for the petitioner seeks permission to withdraw this Civil Revision to press his application filed under Order XLI Rule 5 of the Code of Civil Procedure in the Title Appeal No.2 of 2009 which is pending before the District Judge, Siwan. Learned counsel for the opposite parties raises no objection to the same. In that view of the matter, this Civil Revision is dismissed as withdrawn. However, the District Judge, Siwan, is directed to dispose of the petition filed by the petitioner under Order XLI 2 Rule 5 of the Code of Civil Procedure in Title Appeal No.2 of 2009 within fifteen days from the date of receipt or production of copy of this order. Since the opposite parties have appeared in this case and they undertake that they have already filed rejoinder before the trial court, they will remain present before the court below so that there will be no requirement of further notice upon them to facilitate the early disposal of the aforesaid application. Till the disposal of the petition aforesaid filed under Order XLI Rule 5, the interim relief granted vide order dated 1.12.2009 by this Court shall continue. P.S. (Dr. Ravi Ranjan, J)