IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20671 of 2011 Deoki Nandan Choudhary & Anr Versus Ram Bakak Paswan & Ors ---------------------------------- 02. 28.11.2011 The learned counsel for the petitioners submitted that in fact by the impugned order dated 21.09.2011, the injunction application under Order 39 Rule 1 read with Section 151 C.P.C. has been rejected by the Court below and, therefore, appeal is maintainable under Order 43 Rule 1 clause ‘r’ of the C.P.C.. In view of the above, learned counsel seeks permission to withdraw this writ application with liberty to present the appeal before the concerned District Judge as the valuation of the suit is less than Rs.2 lacs. In view of the submission of the learned counsel for the petitioner, the petitioner is permitted to withdraw this writ application with liberty to the petitioner to file appeal before appropriate Court with a limitation application, if necessary. If such application is filed, the Court below shall consider the same according to law. With this observation, this writ application is disposed of. Saurabh (Mungeshwar Sahoo,J.)