IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13141 of 2011 Ramesh Giri Versus Vindhyachal Giri & Ors ---------------------------------- 02. 12.08.2011 At the very outset, the learned counsel for the petitioner submitted that by the impugned order, the learned Court below refused to set aside the abatement and rejected the substitution application on the ground of delay only, therefore, the order is appealable under Order 43 Rule 1 Clause (k) of the Code of Civil Procedure. In such view of the matter, the learned counsel seeks permission to withdraw this application. Permission is accorded and this writ application is dismissed as withdrawn. If a limitation application is filed for condoning the delay in filing the appeal, the Court concerned shall consider the same according to law. Saurabh ( Mungeshwar Sahoo, J.)