IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.388 of 2009 1. Piyush Kumar son of Dhirendra Kumar Gami, 2. Payal Priya minor daughter of Piyush Kumar, represented through natural guardian and father Piyush Kumar, both residents of Gami Path Beta, P.S. Laheriasarai, District Darbhanga, … Plaintiffs…Petitioners versus 1. Dhirendra Kumar Gami son of late Shiv Nandan Gami, 2. Pradyut Kumar son of Dhirendra Kumar Gami, 3. Baby minor son of Pradyut Kumar under the guardianship of his father Pradyut Kumar, All residents of Gami Path Beta, P.S. Laheriasarai, District Darbhanga, …Defendants/Opposite Parties For the Petitioners: M/s Prabha Singh and Alka Verma, Advocates ….. 2 20.03.2009 According to the stamp report, since by the impugned order the petition filed under Order XL Rule 1 of the Code of Civil Procedure(hereinafter to be referred to as “Code”) for appointment of receiver has been rejected, appeal would lie under Order XLIII Rule 1(s) of the Code in view of the decision rendered in the case of Shah Babulal Khimji v. Jayaben D. Kania and anr.(AIR 1981 Supreme Court, 1786). Learned counsel for the petitioners does not contest the stamp report and seeks permission to withdraw this application to file an appeal before the appropriate forum. 2 Permission is accorded. This application is, accordingly, dismissed as withdrawn with liberty to the petitioners to file appeal before the appropriate forum. SC ( Dr. Ravi Ranjan, J.)