IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16726 of 2011 Masomat Gayatri Devi & Ors Versus Vishnu Kant Jha & Ors ---------------------------------- 03. 30.09.2011. By the impugned order, the Court below refused to set aside abatement and, therefore, this order is appealable under Order 43 Rule 1 Clause ‘K’. In such view of the matter, this writ application is not maintainable. The petitioner is, therefore, permitted to withdraw this writ application to enable him to file appropriate appeal before appropriate forum. Accordingly, this writ application is dismissed as withdrawn. If the petitioner shall file the appeal within one week after Durga Pooja holiday with the limitation application for condoning the delay, the concerned Court shall consider the fact of filing the writ application before this Court and pass order according to law. Sanjeev/- (Mungeshwar Sahoo,J.)