IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2191 of 2008 MD. SHAMIM AKHTAR Versus JAMIL AHMAD ----------- 2. 13.1.2009 Mr. Anis Akhtar, learned counsel for the petitioner, after making his submissions seeks leave to withdraw this application in order to move the court below for early disposal of the suit. In the opinion of this Court counsel for the petitioner rightly appreciates that the issue with regard to relationship of landlord and tenant cannot turn on the prayer for comparison of signature of the original plaintiff on the plaint vis-à-vis the unprobated will in favour of substituted plaintiff and in fact that issue of relationship of landlord and tenant being the most crucial issue has to be decided at the time of final disposal of the eviction suit in the light of evidence on record. With the aforementioned observation, this application is permitted to be withdrawn, as prayed for. (Mihir Kumar Jha,J.) Surendra/