IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19175 of 2011 Arjun Yadav & Ors Versus Rambali Yadav & Ors ---------------------------------- 02. 04.11.2011 By the impugned order dated 25.08.2011 as contained in Annexure ‘6’, the learned Court below allowed the application filed by the respondent under order 40 Rule 1 C.P.C. and appointed receiver in the suit. Therefore, the impugned order is appealable under order 43 Rule 1 clause ‘S’ C.P.C. Since the valuation of the suit is only Rs.25000/- and odd, the appeal is maintainable before the District Court. In such view of the matter, the learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to file an appeal, if so advised before appropriate forum. If the appeal is found to be barred by law of limitation, the petitioner shall file a limitation application. In such circumstances, the learned Court below shall consider the said application and dispose of the same according to law. Sanjeev/- (Mungeshwar Sahoo,J.)