IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12793 of 2011 Abhash Chakrapani & Ors Versus Urmila Devi & Ors ---------------------------------- 03. 21.11.2011 Heard the learned counsel, Mr. Arbind Kumar Singh on behalf of the petitioners and the learned senior counsel, Mr. S.S. Duivedi on behalf of the respondents. By the impugned order, two applications one filed by the defendants-respondents and the other filed by the plaintiffs-petitioners have been disposed of. So far the application filed by the defendants-respondents is concerned, it was filed in the year 2009 i.e. on 12.11.2009. In that application, the defendants- respondents prayed for rejection of the plaint under Order 7 Rule 11 (a) and (d) C.P.C. The plaintiffs filed application on 30.08.2010 praying for permission to convert the suit to a Misc. case. The learned Court below in the first part of the impugned order considered the application of the defendants-respondents and allowed the same and thereby plaint has been rejected. Admittedly, the petitioner has filed title appeal before the District Judge concerned which is still pending. So far the application filed by the petitioners is concerned, that has been rejected by the Court below. In such view of the matter, even if this writ application is allowed, the suit is not pending and, therefore, there 2 is no question of permitting the petitioner to convert the suit to Misc. case arises. From perusal of the impugned order, it appears that firstly the trial court allowed the application of the defendants-respondents and rejected the plaint. In my opinion, therefore, in such circumstances, as soon as the order was passed rejecting the plaint, the Court could not have decided the application on merit as it had become infructuous. At this stage, the learned counsel submitted that he may be permitted to file another Misc. case separately and seeks permission to withdraw this writ application. In view of the aforesaid submission, the petitioner is permitted to withdraw this writ application with the liberty to move before appropriate forum by initiating appropriate proceeding according to law. Accordingly, this writ application is dismissed as withdrawn with the leave aforesaid. Saurabh (Mungeshwar Sahoo,J.)