IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1871 of 2008 ANIL KUMAR Versus SURESH PRASAD SHARMA ----------- 4 11/12/2008 Heard Mr. V. Nath, counsel for the petitioner. Mr. Nath fairly submits that nature of the impugned order refusing the prayer for mandatory injunction by the defendant tenant in an eviction suit has to be gone into in an appeal under Order 41, rule 1 ( r ) of the Code of Civil Procedure. That being so, this Civil Revision Application is not maintainable and as such this application is permitted to be withdrawn with a liberty to the petitioner to file an appeal within a period of two weeks from today. If such an appeal is filed the court below, the appellate Court, will hear the appeal on merits after condoning the delay in view of the fact that the petitioner was pursuing remedy before this Court. (Mihir Kumar Jha, J.) Abhay Kumar