IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1406 of 2008 ABBAS ANSARI Versus MD.ZAKRULLAH & ORS ----------- 2 1/9/2008 Counsel for the petitioner in view of the stamp report with regard to maintainability of this civil revision application would seek permission to withdraw this application. This application is accordingly dismissed as withdrawn. Counsel for the petitioner would submit that since miscellaneous appeal will lie before the court below, the delay in filing of miscellaneous appeal on account of pendency of this civil revision application may be directed to be condoned. This Court would not be in a position to pass any order with regard to condonation of such delay in filing an appeal, but then this much is to be made clear that the petitioner would definitely be entitled for urging before the court below that the period consumed before this Court is fit to be condoned. ( Mihir Kumar Jha, J. ) Abhay Kumar