IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Petition (M/S) No. 1126 of 2008 Birendra Kumar Singh .……… Petitioner. Versus Surendra Singh and others .……… Respondents Mr. Tumul Nailwal, Advocate for the petitioner. None for the respondents. Per Hon’ble J.C.S. Rawat, J. Mr. Tumul Nailwal, Advocate for the petitioner. None for the respondents. 2. Mr. Tumul Nailwal, the learned Counsel for the petitioner seeks permission to withdraw the writ petition on the ground that the Civil Suit No.78 of 2004 (B.K. Singh and others Vs. Surendra Singh and others) has become infructuous and further seeks liberty to file a fresh civil suit for the new cause of action before the competent court of law. 3. Permission is granted. 4. Accordingly, the writ petition is dismissed as withdrawn with the above liberty. (J.C.S. Rawat, J.) 17.07.2008 Shiv