IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.290 of 2005 SMT.SADHANA DEVI Versus BIJENDRA KUMAR ----------- 04. 06.01.2011 The learned counsel, Mr. Ashok Kumar Sinha No.3 appearing on behalf of the appellant submitted that the appellant is not interested in pursuing this First Appeal and therefore, the appellant may be permitted to withdraw this First Appeal unconditionally. The office has pointed out that in view of the Full Bench decision reported in 2009, Vol.3, P.L.J.R Page 990, this appeal is not maintainable rather Miscellaneous Appeal is maintainable. In view of the above facts and the Full Bench decision coupled with the submissions of the learned counsel, the appellant is permitted to withdraw this First Appeal. Accordingly, this First Appeal is dismissed as withdrawn. Saurabh ( Mungeshwar Sahoo, J.)