IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.716 of 2010 KAMAL RAI & ORS. Versus MAHENDRA RAI & ORS. ----------- For the petitioners : Mr. Ishwari Singh, Advocate --------- 2 26.08.2010 Office has raised objection that this civil revision would not be maintainable in view of the fact that the petition under Order XXXIX Rules 1 and 2 filed for ad interim injunction has been rejected by the concerned court and as such proper remedy would be by filing miscellaneous appeal under Order XLIII Rule 1(r) before the District Judge concerned. Learned counsel for the petitioners does not contest the stamp report and seeks leave to withdraw this civil revision to prefer appeal. Leave is granted. This civil revision is dismissed as withdrawn with liberty to the petitioners to file appeal before the appropriate forum. If such appeal is filed within six weeks from today along with a petition under Section 5 of the Limitation Act for condoning the delay and take a ground therein that 2 the civil revision has been filed bona fide before this court, the court should consider and dispose of the same in accordance with law. Spd/- (Dr. Ravi Ranjan, J.)