IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.711 of 2007 1. TARANI KUMAR SINGH @ TARANI PRASAD SINGH, 2. Ravindra Kumar Singh @ Rajani, 3. Dharmendra Kumar Singh @ Gaudik Singh, 4. Shailendra Kumar Singh, 5. Brahmendra Kumar Singh @ Mahendra Singh, All sons of Late Jogendra Prasad Singh, R/o Village – Bajitpur, Bishunpura, P.S. – Bihta, Distt. Patna ………………… Defendants / Petitioners. Versus 1. BHUNESHWAR PRASAD SINGH, S/o Late Ram Bichar Singh, Village – Bajitpur, Bishunpura, P.S. – Bihta, Distt. - Patna, 2(a). Mostt. Saraswati Devi, widow of Late Upendra Singh, 2(b). Rajesh Singh, S/o Late Upendra Singh, 2(c). Baban Singh, S/o late Upendra Singh, 2(d). Rina Kumari, D/o Late Upendra Singh and wife of Sunil Kumar, R/o Village – Deori, P.S. Koilwar, P.O. Deori, Distt. Bhojpur, 2(e) Bina Kumari, D/o Late Upendra Singh, O.P. No. 2, 2(a), 2(b) & 2(d) are residents of Village – Bajitpur, Bishunpura, P.S. – Bihta, Distt. Patna, 3.Smt. Malti Devi, wife of Sri Ram Grahan Singh and Daughter of Late Gajadhar Singh, R/o Village – Sahpura, P.S. – Sandesh, Distt. – Bhojpur, 4. Smt. Lilawati Devi, Wife of Late Bijay Singh and Daughter of late Gajadhar Singh, R/o Village – Pathar, P.S. – Garahni, Distt. – Bhojpur, 5. Smt. Indu Devi, wife of Sri Mithilesh Singh and daughter of Late Gajadhar Singh, resident of Village – Kathua, P.S. Agian, Distt. Bhojpur, 6. Baleshwar Singh, S/o Late Ram Bichar Singh, Village – Bajitpur, Bishunpura, P.S. – Bihta, Distt. Patna, 7(a) Mostt. Lakhana Devi, widow of Late Jaleshwar Singh, 7(b). Prabhu Singh, 7(c). Arun Singh, 7(d). Dharmendra Singh, 7(e). Mirtunjay Singh, O.P. No. 7(a) to 7(e) are sons of Late Jaleshwar Singh, and residents of Village – Bajitpur, Bishunpura, P.S. – Bihta, Distt. Patna, 7(f). Bhuni Devi, D/o Late Jaleshwar Singh and wife of Sri Pala Singh, R/o Village – Ahapura, P.O. & P.S. – Sandesh, Distt. – Bhojpur, 7(g). Baby Devi, D/o Late Jaleshwar Singh and wife of Sri Mahesh Singh, R/o Bacheri, P.S. – Sandesh, P.O. – Bacheri, Distt. – Bhojpur (Ara) ………………………………….…. Plaintiffs / Opp. Parties, 8. Smt. Sarojani Devi, wife of Chandrashan Singh and daughter of Late Jogendra Prasad Singh, At and P.O.- Babhinian, P.S. Jagdishpur, Arrah, and 9. Smt. Madhuri Devi, wife of Anil Singh and daughter of Late Jogendra Prasad Singh, R/o Village – Jagdishpur, P.S. & P.O. – Jagdishpur, Distt. – Bhojpur (Arrah) ……… Both Defendants / Opposite Parties. ----------- 2 For the Petitioners:- Mr. Vivek Kumar Singh, Advocate. ----------- 4. 23.11.2009. Learned counsel for the petitioners has filed a supplementary affidavit on 19.11.2009 stating therein that issues have not been framed till date. After some argument learned counsel for the petitioners seeks permission to withdraw this revision application to raise the point of res judicata as an issue to be decided along with other issues during the course of trial as the court concerned had refused to decide the same as a preliminary issue stating that the same could be decided as one of the issues during trial. Permission is accorded. This Civil Revision is dismissed as withdrawn with the aforesaid liberty. dk ( Dr. Ravi Ranjan, J. )