IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17627 of 2011 Lal Babu @ Lal Babu Prasad & Anr Versus Prem Sagar & Ors ---------------------------------- 2. 12.10.2011 The only grievance of the petitioners is that by the impugned order dated 23.5.2011 passed by Sub Judge-5th Patna City in Title Suit No. 360 of 1981 the records have been directed to be deposited in the record room by mistake. According to the learned counsel the final decree proceeding is going on and final decree has not been prepared still today. In such circumstances, the court below could not have directed the office to deposit the record in the record room. If the submission of the learned counsel for the petitioners is correct then it is a mistake committed by the court below for which the petitioner was required to bring the notice of this defect to the court below but instead of filing application before the court below brining notice to the court below about this mistake directly this writ application under Article 227 of the Constitution of India has been filed. In such view of the matter, in my opinion, this writ application is not maintainable before this Court. However, the petitioners may approach the court below by filing appropriate application. If such application is filed the court below shall dispose of the said application according to law. Accordingly, this writ application is dismissed. S.S. (Mungeshwar Sahoo,J.)