IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.720 of 2008 HARISH CHANDRA MAHATO, SON OF SRI RAM SWARUP MAHATO OF VILLAGE AND P.O. RAMCHANDRAPUR, P.S. SARAIRANJAN, DISTRICT-SAMASTIPUR, AT PRESENT VILLAGE-PREM BRAHANDA, P.O. GHATAHO, P.S. UJIARPUR, DISTRICT-SAMASTIPUR. ………………………………………….PETITIONER/PLAINTIFF. Versus SMT.RAM PYARI DEVI @ PEYARIYA DEVI, WIFE OF SRI BHARAT MAHATO, DAUGHTER OF LATE TULSI MAHTO OF VILLAGE-PREM BRAHANDA, P.O. GHATAHO, P.S. UJIARPUR, DISTRICT-SAMASTIPUR. …………………………...........DEFENDANT/OPPOSITE PARTY. ----------- For the Petitioner: Mr. Abhay Kumar Sinha ‘Kundan’, Advocate. ---------- 3. 4.11.2010. Stamp Report dated 6.5.2008 has pointed out that the Partition Suit concerned filed by the plaintiff-petitioner has finally been dismissed as the court below has held that the plaintiff-defendant has been found separate in mess and business. Earlier the suit was ordered to be heard ex-parte and thereafter on the basis of the plaintiff’s case, aforesaid decision has been taken which is a final decision rendered by the court deciding the right of the parties. As such, it has been submitted that the same amounts to a decree according to the 2 definition provided under Section 2(2) of the Code of Civil Procedure. Learned counsel for the petitioner does not contest the stamp report and seeks permission to withdraw this Civil Revision to prefer an appeal before the court of competent jurisdiction. Permission is accorded. This Civil Revision is dismissed as withdrawn with a liberty to the petitioner to prefer an appeal before the court of competent jurisdiction. P.S. ( Dr. Ravi Ranjan, J)