IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1817 of 2007 1. UMA KANT THAKUR 2. Ram Chandra Thakur Both sons of Late Kali Kant Tahkur , resident of village Chainpur, P.S. Bangaon, District Saharsa ….. Plaintiffs / Respondents / Petitioners Versus ASHUTOSH KUMAR MISHRA, son of Dasrath Mishra, resident of village and P.O. Chainpur, P.S. Bangaon, District Saharsa. ….. Defendant/Appellant/Opposite Party ----------- For the petitioners : Mr. Shailendra Kumar Jha, Advocate ------- 3 12.03.2010 Learned counsel for the petitioners fairly submits that the order under challenge having been passed by the appellate court setting aside the order of the trial court granting injunction under Order I, Rule 39 of the Code of Civil Procedure, this civil revision may not be maintainable in view of the law laid down by the Apex Court in Surya Devi Rai v. Ram Chander Rai and others [2003(6) SCC 675] as well as by a Bench of this Court in Smt. Mina Devi v. Smt. Jagtarni Devi & Anr. [2008(2) PLJR 451] as well as an unreported decision of this Court in C.R. No. 1377 of 2006 (Uma Shankar & ors. v. Dr. Hamid Hussain & anr.). However, learned counsel for the petitioners submitted that in view of 2 the aforesaid decision of the Apex Court, the proviso to Section 115(1) of C.P.C. cannot take away the right of the petitioners to challenge the impugned order in a properly constituted writ petition under Article 227 of the Constitution of India. Learned counsel for the petitioners seek permission to withdraw this application to avail any other remedy available under law to the petitioners. In the above view of the matter, this Civil Revision is dismissed as withdrawn. Spd/- (Dr. Ravi Ranjan, J.)