IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20710 of 2011 Nageshwar Prasad Mandal Versus Most Gayatri Devi & Ors ---------------------------------- 3 5.12.2011 Heard learned counsel for the petitioner. Learned counsel for the petitioner submits that delivery of possession of the suit property and the residential house of the petitioner has been given to the decree-holder and therefore the petitioner has been advised to file application under Order XXI Rule 99 of the Code of Civil Procedure. According to learned counsel since the delivery of possession has already been affected this application has become infructuous. In such view of the matter learned counsel seeks permission to withdraw this writ petition with liberty to petitioner to file application under Order XXI Rule 99 of the Code of Civil Procedure. Accordingly the permission is accorded and this writ petition is dismissed as withdrawn. RPS (Mungeshwar Sahoo, J.)