IN THE HIGH COURT OF JUDICATURE AT PATNA FA No 226 of 2008 1. Bashishth Muni Tiwari, son of late Sheo Jatan Tiwari 2. Nawnath Tiwari, son of late Sheo Jatan Tiwari 3. Abhay Kumar Tiwari @ Bihari Tiwari, son of Chander Tiwari 4. Arvind Tiwari, son of late Ram Pravesh Tiwari 5. Ramji Tiwari, son of late Ram Pravesh Tiwari 6. Kanhaiya Tiwari, son of late Ram Pravesh Tiwari, all residents of village – Barki Nainijor, P S – Brahmpur, district - Buxar -Defendants 01st party/Appellants Versus 1. Nand Kishore Tiwari 2. Raj Kishore Tiwari 3. Brij Kishore Tiwari 4. Brij Nandan Tiwari 5. Sahajanand Tiwari 6. Daya Shankar Tiwari, sons of late Indrasan Tiwari, resident of village – Barki Nainijor, P S – Brahmpur, district – Buxar -Plaintiffs/Respondents 01st Set 7. Dharmdeo Tiwari, son of late Sheo Mandil Tiwari 8. Satyadeo Tiwari, son of late Sheo Mandil Tiwari, both residents of village Barki Nainijor, P S – Brahmpur, District - Buxar -Defendants 02nd party/Respondents 02nd Set ----------- 2 15.10.2009 It is clear that the appeal, as filed before this Court, is not maintainable in view of the valuation. The appeal ought to have been filed before the District Judge concerned. Learned counsel for the appellants, thus, seeks leave of the Court to withdraw this appeal and file the same before the concerned District Judge. Leave is granted. The appeal is dismissed as withdrawn. The appellants may be returned the Memo of Appeal alongwith other papers with due endorsement to be filed before the appropriate forum. M.E.H./ (Navaniti Prasad Singh)