IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.341 of 2009 MITHILESH KUMAR Versus SURESH KUMAR GUPTA & ORS ----------- 2. 20.7.2009 It is pointed out by the stamp report that the appeal being valued at Rs.1,90,100/- is not maintainable before this Court. In the above circumstances, learned counsel for the appellant seeks permission to withdraw this appeal in order to file a Miscellaneous Appeal before the competent court. The Miscellaneous Appeal is, accordingly, dismissed as withdrawn with the aforesaid liberty. In case such Miscellaneous Appeal is filed along with an application for condonation of delay then the appellate court shall consider the same keeping in view the fact that the appellant had been pursuing his remedy before this Court. (Ramesh Kumar Datta,J.) spal/