IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16979 of 2010 SUNIL KUMAR & ANR Versus JAG MOHAN SAH & ORS with CWJC No.15844 of 2010 SUNIL KUMAR & ANR Versus JAG MOHAN SAH & ORS ----------- 5. 31.03.2011 Heard learned Counsel for the petitioners and the learned Counsel for the Respondents. The petitioners are the plaintiffs in Title Suit No. 63 of 2000 aggrieved by the orders dated 23.7.2003 and 21.8.2004 by which the defendants were permitted to raise the counter claim in proper form in the written statement and which has subsequently been allowed. After some augment, being unable to satisfy the court that the issue of facts on which any proposition of law may be founded were adequately and explicitly raised before the trial court with regard to the non maintainability of the counter claim and on which ground order dated 21.8.2004 is more specifically sought to be assailed, leave is sought to withdraw these applications to avail remedies before the trial court itself. It the petitioners themselves desire to withdraw their applications there is no occasion for the Court to make any observation what they desire to do. These applications are accordingly dismissed as withdrawn. Snkumar/- (Navin Sinha,J.)