IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.957 of 2010 Ashok Kumar Sahu & Anr. Versus Bijay Kumar Patwa & Anr. ----------- For the Petitioners : Mr. Ashok Kumar Prasad, Advocate ……………… 5 24.08.2011 Heard learned counsel for the petitioners. This application has been filed for restoration of Civil Revision No. 1720 of 2009 which stood dismissed for want of prosecution on 04.02.2010. After some argument, Mr. Ashok Kumar Prasad, learned counsel for the petitioners, fairly submits that the Civil Revision No. 1720 of 2009, having been filed against the order dated 27.8.2008 passed in Eviction Suit No. 3 of 1999 by the Munsif, Jhanjharpur, whereby petition dated 3.12.2007 filed by the plaintiffs/petitioners under Section 15 of Bihar Buildings (Lease Rent and Eviction) Control Act, 1982 has been rejected, which is interlocutory in nature, would not be maintainable in view of the law laid down by the Apex Court in Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers and others, reported in ((2003)6 Supreme Court Cases 659) and Surya Dev 2 Rai Vs. Ram Chander Rai and others, reported in ((2003)6 Supreme Court Cases 675) as well as by a Division Bench of this Court in Durga Devi Vs. Vijay Kumar Poddar, reported in 2010(2) PLJR 954. As such, no purpose could be served if the civil revision is restored. Thus, he wants to withdraw this application to file a writ petition under Article 227 of the Constitution of India for the purposes of challenging the impugned order. As a result this application is permitted to be withdrawn with the aforesaid liberty granted to the petitioners. Sanjay-II ( Dr. Ravi Ranjan, J.)