IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.664 of 2007 SHANKER PRASAD BHAGAT Versus SUBODH KUMAR BHAGAT ----------- 2 11.07.2008 Heard counsel for the petitioner. After some arguments counsel for the petitioner seeks permission to withdraw this application in order to move the Court below for restoration of the eviction suit which has been dismissed only on the ground of non-prosecution. The Court below while considering such prayer of the petitioner for restoration of the Eviction Suit would be well advised to take into account the plea of the petitioner that he is a physically challenged and handicapped person and therefore, deserves sympathetic consideration in the matter of restoration of the suit in accordance with law. While entertaining such application the Court below will also take into consideration that this case has remained pending before this Court from 31.3.2007 to this day and, therefore, delay in filing such application for restoration of the suit should be condoned liberally. - 2 - With the aforesaid observation/direction this Civil Revision Application is permitted to be withdrawn. BCJ (Mihir Kumar Jha, J)