IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.43555 OF 2009 JANAK KISHORE SINGH, SON OF LATE SHALIGRAM SINGH, RESIDENT OF VILLAGE RIULA, POLICE STATION ATARI, DISTRICT GAYA VERSUS 1. THE STATE OF BIHAR 2. SMT. NANDO DEVI, WIFE OF BRIJ MOHAN SINGH, RESIDENT OF VILLAGE NARHAR, POLICE STATION NARHAR, DISTRICT NAWADA ******* 8 16/07/2010 This application was originally filed against the order dated 13.11.2009 passed by the Sub Divisional Officer appointing a Receiver under Section 146 (1) of the Code of Criminal Procedure. Ultimately, this proceeding has been dropped. The background of the case is that Title (Partition) Suit No. 79 of 1962/12 of 1966 was filed by Most. Kamod Kuer in which the defendants were Ramautar Singh and Others and Title Suit No. 100 of 1961/13 of 1966 was filed by Hari Nandan Singh. Both the suits were dismissed and it is said that since 30.06.1967, an execution case is pending with respect to the execution of the decree passed in the suits aforesaid. It is submitted that the records of the partition suit and the title suit are not available, and therefore, the execution proceeding has remained pending. Counsel for the petitioner submits that he has no notice of the execution case. This Court had called for a report from the 2 District & Sessions Judge, Gaya in which it is reported that records were sent in F.A. No. 296 of 1967. Apparently, first appeal was dismissed for non- prosecution and the file has been destroyed. Mr. Sahi submits that steps may be taken to trace the records of the partition suit and the title suit or in the alternative, to reconstruct them. This matter may be brought to the notice of the Hon’ble Inspecting Judge, Gaya for necessary orders. As far as the present application is concerned, Counsel for the petitioner prays that he may be permitted to withdraw this application. This application is dismissed as withdrawn. Anand ( Sheema Ali Khan, J. )