IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.274 of 2011 1. Lalan Pandey 2. Kapildeo Pandey both sons of Late Dip Narayan Pandey 3. Dhanesh Pandey, son of Late Ram Pravesh Pandey, all residents of Mauza-Dharmpur, P.S. Chauri, District Bhojpur. ... ... Appellants. Versus 1. Nakul Rai @ Nukul Rai son of Bashishtha Rai 2. Mithilesh Rai son of Surendra Rai, both residents of Mauza-Dharmpur, P.S. Chauri, P.O. Kauladihri, District Bhojpur. 3. Bijay Kumar Rai, son of Late Algu Rai, resident of Mauza- Koel, P.O. Koel, P.S. Charpokhari, District Bhojpur. 4. Janeshwar Pandey, son of Late Dip Narayan Pandey, residents of Mauza-Dharmpur, P.S. Chauri, P.O. Kauladihri, District Bhojpur. ... ... Respondents. ---------------------------------- 3. 23.9.2011. Heard Shri Ram Suresh Rai, learned Senior Counsel for the appellants. The present appeal was filed under Order 43 Rule-1(r) of the Code of Civil Procedure against the order of dismissal of injunction petition filed under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure in Title Suit No.209 of 2010. Learned counsel for the appellants submits that the petition for injunction was rejected by the court below primarily on the ground that required documents i.e. compromise decree passed in Title Suit No.63 of 1983 was not produced. In this case, a supplementary 2 affidavit has been filed and it has been stated that due to inadvertence at the time of hearing of the petition before the court below said document was not produced and as such he makes a prayer for withdrawal of the appeal with liberty to file a fresh petition along with necessary documents for injunction before the court below. The court is of the opinion that prayer can be allowed enabling the appellants to approach the court below afresh. Accordingly, the appeal stands dismissed as withdrawn with liberty to the appellants to file a fresh petition along with necessary documents, which was not earlier available with the appellants. It goes without saying that the court below, without being prejudiced by this order, will examine the petition on its own merit and decided the same in accordance with law. N.H./ ( Rakesh Kumar,J.)