IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2240 of 2007 MD. ISHA, Son of Md. Ismail, R/o Mohalla Bandhu Bazar, P.S. Soh Sarai, District Nalanda ……… Defendant … Petitioner Versus 1. MD. AZAM PASA 2. Md. Jamshed Pasa Both sons of late Md. Abu Taiab, R/o Bichli Adan, Soh Sarai, P.s. Soh Sarai, District Nalanda ………. Plaintiffs …. Opposite parties ----------- For the Petitioner : Mr. Rajendra Prasad, Sr. Advocate For opposite parties : Mr. Khatim Reza, Advocate ----- 2 09.4.2010 Heard learned counsel for the petitioner and opposite parties. Learned counsel for the opposite parties submits that the concerned eviction suit No. 15 of 2003 has already been disposed of and not only that the petitioner has also preferred appeal against that judgment. Learned counsel produces a Xerox copy of the judgment at the time of hearing of this case. Let the same be kept on record. Learned counsel for the petitioner does not dispute that and seeks permission to withdraw this civil revision to raise the points involved in this case in appeal. In above view of the matter this civil revision - 2 - is dismissed as withdrawn. However, since the civil revision has not been disposed of on its merit, this order will not come in way of the petitioner if he takes steps in accordance with the provisions contained in Order XLIII Rule 1A of the Code of Civil Procedure. Spd/- (Dr. Ravi Ranjan, J.)