IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.414 of 2009 JAWAHARLAL PRASAD son of Saskhi Chandra Prasad, Resident of village Bhithi Shahabuddin, P.S. Baniyapur, District Saran at Chapra… Defendant/ Petitioner Versus BACHCHULAL SAH son of Alaki Sah, Resident of village Bhithi Shahabuddin, P.S. Baniyapur, District Saran at Chapra… Plaintiff/ Opposite Party For the Petitioner: M/s Rajani Kumari and Vijay Kumar, Advocates ----------- 2 18.03.2009 Learned counsel for the petitioner does not contest the stamp report with regard to maintainability of this civil revision application since an appeal lies under Order XLIII Rule 1(w) of the Code of Civil Procedure(hereinafter to be referred to as “Code”) against the impugned order, which is an order passed under Order XLVII Rule 4 of the Code allowing the review. Thus, learned counsel for the petitioner seeks permission to withdraw this application enabling the petitioner to file appeal before the appropriate forum. Permission is accorded. This application is dimissed as withdrawn with a liberty to the petitioner to file appeal before the appropriate forum. SC ( Dr. Ravi Ranjan, J.) 2