IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2210 of 2008 UDAY NARAYAN SINGH, SON OF LATE NAGESHWAR SINGH, RESIDENT OF VILLAGE-NARHARPUR, PERGANA-BAL, P.O. – NARHARPUR, P.S. MARHOWRAH, DISTRICT – SARAN. -----PETITIONER Versus 1. SHEOJEE SINGH SON OF LATE RAM SAHAY SINGH 2. GANESH SINGH 3. JUGAL KISHORE SINGH OPPOSITE PARTIES NO. 2 AND 3 ARE SONS OF SHEOJEE SINGH (ALIVE) 4. SINGESHWAR SINGH 5. BISWESHAR SINGH OPPOSITE PARTIES NO. 4 AND 5 ARE SONS OF LATE INDERDEO SINGH ALL OF VILLAGE AND P.O. – NARHARPUR, PERGANA-BAL, P.S.- MARHOWRAH, DISTRICT-SARAN. -----OPPOSITE PARTIES 1ST SET 6. DEO NARAIN SHARMA 7. RAM NARAIN SHARMA 8. MAHABIR SHARMA OPPOSITE PARTIES NO. 6 TO 8 ARE SONS OF LATE CHAITA MISTRY 9. KAUSHALYA DEVI, WIFE OF MAHABIR SHARMA 10. VINA SHARMA, WIFE OF RAM NARAIN SHARMA OPPOSITE PARTIES NOS. 6 TO 10 ARE RESIDENTS OF MOHALLA- R.N. DUTTA ROAD, FARBISGANJ, P.O. AND P.S. – FARBISGANJ, DISTRICT- ARARIA -----OPPOSITE PARTIES 2ND SET. -------- OPPOSITE PARTIES. ----------- For the petitioner : Mr. Nagendra Rai, Adv. For the opposite parties : None 3. 27/1/2009 After some arguments, learned counsel for the petitioner seeks permission to withdraw the case to seek another remedy against the order dated 18.5.2007 passed in Execution Case No. 3 of 1997. This application is dismissed as withdrawn. It is made clear that this Court has not expressed any opinion on the merit of the order dated 18.5.2007 passed in Execution Case No. 3 of 1997 and the impugned order dated 17.9.2008 passed in Misc. Appeal 34 of 2007. S.Ali (Dr. Ravi Ranjan, J.)