IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.170 of 2010 GAURISHANKAR TEBREWAL, son of Late Bishwanath Pd. Tebrewal, Resident of Mohalla – Telipatti, Motihari, P.O. and P.S. – Motihari, district – East Champaran. --------- Plaintiff ----- Appellant. Versus 1. MANOHAR PRASAD, son of Ram Chandra Prasad 2. Ram Chandra Prasad, son of Late Dinanath Pd. Both resident of Mohalla – Telipatti, Motihari, P.O. and P.S. – Motihari, District – East Champaran. -------- Defendants ---- Respondents. ------- 04. 16.07.2010 Heard learned counsel for the appellant as well as learned counsel for the respondents. Learned counsel for the appellant started his submissions with assertion that impugned order was passed under section 151 of the Civil Procedure Code, instead of appeal, writ against the same order lies on that count. Learned counsel for the appellant seeks permission to withdraw this appeal with a liberty to exercise his rights in writ jurisdiction of this court. Learned counsel for the respondents simply submitted that permission may be granted to the appellant subject to question of permissibility of his right to invoke writ jurisdiction of this court. As prayed, this appeal stands dismissed as withdrawn. The appellant may invoke writ jurisdiction of this court if permissible. Rajeev/ (Akhilesh Chandra, J.)