IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.325 of 2007 DEVENDRA KUMAR SINGH Versus MANORAMA DEVI & ORS ----------- 9 26.04.2010 Heard the learned counsel Shri Sandeep Kumar on behalf of the appellant and the learned counsel Shri Ramchandra Lal Das on behalf of the respondent No. 7 as well as learned counsel Shri R.K. P. Singh on behalf of the respondents No. 1 to 5. 2. This Misc. Appeal has been filed by the appellant against ex-parte order dated 21.04.2007 passed by Bipin Dutt Pathak, First Additional District Judge, Nalanda in Miscellaneous Case No. 03 of 2004 under Order 9 Rule 13 read with Section 151 C.P.C. The owner/appellant filed the aforesaid Misc. Case for recalling the order dated 19.03.2004 passed in Claim Case No. 25 of 2003 whereby the appellant was directed to pay Rs 50,000/- under section 140 M.V. Act to the claimants. 3. The learned counsel for the appellant submitted that without notice to the appellant, the said order was passed. 4. On the otherhand, the learned counsels appearing for the Insurance Company as also the respondents submitted that the Claim Case No. 25 of 2003 has already been disposed of and against the said final 2 judgment and award the claimants have filed Misc. Appeal before this court being Misc. Appeal No. 305 of 2008 which has already been admitted for final hearing. It is submitted by the learned counsels for the respondents that ultimately, the Insurance Company has been held liable to pay the entire award amount. On these facts, the learned counsels for the respondents submitted that this appeal has now become infructuous. In view of these facts, learned counsel for the appellant seeks permission to withdraw this appeal. 6. In view of the above facts and circumstances of the case, this Misc. Appeal is dismissed as withdrawn. AKV/ (Mungeshwar Sahoo,J.)