IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.553 of 1994 ABHAY KUMAR SHRIVASTAVA Versus RADHIKA DEVI & ORS ----------- 48 9.4.2010 Heard the learned counsel for the parties on the interlocutory application being I.A. No.7648/08. This interlocutory application is under Order 22 Rule 3 and 11 of C.P.C. for substitution of the legal representatives of the sole appellant, namely, Abhay Kumar Shrivastava who died on 23.9.2008. The application has been filed on 22.12.2008. Since the application is within time the legal representatives of the sole appellant as mentioned in detail in paragraph 1 of the substitution petition are substituted in place of the appellant and all the heirs have appeared by filing vakalatnama. The learned counsel Sri Yogendra Mishra appearing on behalf of the appellant submitted that since the parties have compromised outside the court he may be permitted to withdraw this first appeal. The learned counsel Sri Bindeshwar Kumar has got no objection. In view of the above submissions of the parties this first appeal is dismissed as withdrawn. AnilKr.Sinha ( Mungeshwar Sahoo, J ) 2