IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1348 of 2008 RAM PRASAD @ RAM PRASAD MISTRY Versus RAJENDRA MISHTRY & ORS ----------- 2 26/8/2008 At the out set Mr. Naresh Dass, learned counsel for the petitioner seeks permission to withdraw this application. Normally such innocuous and simple prayer for withdrawal of the application is to be allowed without any reservation. This Court, however, keeping in view the order passed on 21.8.2008 in C.R. No. 1166 of 2008 ( Ram Prasad Vs. Rajendra Mistry & Ors) must hold that this civil revision application is equally frivolous. It is so because the earlier prayer made to the same effect by the petitioner was rejected by the court below on 6.8.2004 and therefore when the petitioner had filed yet another application seeking the same relief which, as stated above, had not only been rejected by the court below by order dated 6.8.2004 but even the civil revision application being C.R. No. 1208 of 2004 and C.R. No. 1064 of 2004 against the said order had been dismissed by orders dated 5.10.2004 and 3.1.2005, would 2 leave nothing for speculation that the petitioner has deliberately raised the same issue both before the court below and this Court. In such view of the matter, while this Court would permit the petitioner to withdraw this civil revision application, but at the same time it is made clear that the petitioner will not be entitled to resist the continuance of the execution proceedings pending in the court below on any of the ground on which applications were dismissed either by the order dated 3.1.2005 or against the order dated 27.5.2008 which, as stated above, have merged with the orders of this Court in C.R. No. 1064 of 2004 and C.R. No. 1208 of 2004 as also by the present application. Considering the fact that this Court has already imposed exemplary cost of Rs. 10,000/- against the petitioner in the order dated 21.8.2008 in C.R. No. 1166 of 2008, this Court would refrain from imposing any further cost on the petitioner, though on account of facts noted above this was also a fit case for 3 its being dismissed with cost. Accordingly, this civil revision application is dismissed as withdrawn, as prayed for, with the aforementioned observations and directions and the court below is directed to ensure that the execution proceedings pending before it pertaining to a decree of the year 1984 must be completed and disposed of within a period of three months. ( Mihir Kumar Jha, J.) Abhay Kumar