IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.319 of 2009 PREM CHANDRA JHA, SON OF LATE PANDIT ADITYA NATH JHA, RESIDENT OF VILLAGE-BARAHIYA, WARD NO.8, POLICE STATION-BARAHIYA, DISTRICT- LAKHISARAI……………JUDGMENT DEBTOR/PETITIONER. Versus 1. THE STATE OF BIHAR. 2. KALIKANT SINGH, SON OF BISWANATH SINGH, RESIDENT OF VILLAGE SIKANDARA, POLICE STATION- SIKANDARA, DISTRICT-JAMUI. ……………………………DECREE HOLDER/OPP. PARTY. ----------- For the Petitioner : Mr. Amrendra Kumar, Advocate. For the O.P. No.2 : M/s. Devendra Prasad Singh and Kamlesh Kr. Sharma, Advocates. --------- 5. 13.1.2010. This Civil Revision is directed against the order dated 20.9.2008 passed by the A.C.J.M., Jamui (Sub Judge-I) in Money Execution Case No.2/2001. Learned counsel appearing for the petitioner submitted that the ex parte decree which has been levied to execution has already been set aside and the concerned suit had been revived. Thus, it is submitted that since the decree has already been set aside, there is no question of its execution and, thus, this Civil Revision filed against the order dated 20.9.2008 in Execution Case No.2/2001 has become infructuous. 2 Learned counsel for the petitioner seeks permission to withdraw this Civil Revision. Learned counsel for the opposite party no.2 submitted that this is a fact that the ex parte decree has been set aside and in that view of the matter, the execution case cannot continue, however, it is submitted that he has challenged the aforesaid order by filing a separate Civil Revision. But, no objection was raised with regard of the withdrawl of this Civil Revision. Leave is granted As a result, this Civil Revision is dismissed as withdrawn. P.S. (Dr. Ravi Ranjan, J)