IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.114 of 2007 Dhroov Rai @ Dhrup Rai, Son of Late Chandi Rai, resident of village-Ratanpura, P.O. Pokhariya Rai, P.S. Chanpatia, District- West Champaran ------------------ Appellant Versus 1. Most.Geeta Kuer @ Most.Gita Kuwar, wife of Late Ramashish Singh 2. Amit Kumar , minor son of Late Ramashish Singh 3. Anshu Kumari, minor D/O Late Ramashish Singh 4. Ranjeet Kumar, minor son of Late Ramashish Singh All through their natural guardian and mother, Most. Geeta Kuer, All residents of Village-Ratanpura, P.O. Pokhariya Rai, P.S. Chanpatia, District-West Champaran (Claimant/petitioner before the court below) ---------------- Respondents 5. Vijay Ram, Son of Jangali Ram, resident of Village-Ratanpura, P.O. Pokhariya Rai, P.S. Chanpatia, District-West Champaran (Opp.Party no.2 before the court below) -------------- Respondent ---------------------------------- 09 17-08-2011 The present Misc. Appeal, which was preferred against an order dated 15th January, 2007 by the appellant, who was owner of the offending vehicle, was dismissed on 18.12.2008. After dismissal of the appeal, it appears that the appellant filed a review petition vide Civil Review No.40 of 2009, which too stood dismissed on 19.08.2009. Now, a petition has been filed in M.A. No.114 of 2007 for withdrawal of statutory amount, which was deposited at the time of filing of the present appeal. A plea has been taken that before the court below, the dispute has come to an end after compromise between the parties and an amount of Rs. 1 Lakh was already paid to the claimants and, as such, a prayer has been made for withdrawal of the statutory amount. Be that as it may, fact remains that the appeal stood 2 rejected and thereafter civil review was also dismissed and, as such, in view of dismissal of the appeal it would be necessary to remit back the statutory amount deposited at the time of filing of this appeal to the court below. Office is directed to remit back the statutory amount, which was deposited at the time of filing of the present appeal to the court below and the learned court below after issuance of notice to both the parties and hearing them may pass appropriate order in accordance with law. NKS/- ( Rakesh Kumar, J.)