IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1615 of 2009 1. Md Jilani S/o late Abdul Hafeez 2. Md Mansoor S/o Alim Mian 3. Md Rafik S/o late Abdul Aziz 4. Sairun Nisaha W/o late Bashir Khan 5. Md Gulam Navi S/o late Mallik Miya 6. Md Akhtar S/o late Md Lukman 7. Md Ekabal S/o late Siultan 8. Md Sonu @ Sonu S/o late Md Ashraf 9. Most. Sagira Khatoon @ Saghira W/o late Md Faiz 10. Md Mumtaz @ Mumtaz S/o late Alim All are resident of Mohalla Milki Mohalla P.S Arrah Town Dist. Bhojpur Defendants-Appellants-Petitioners. Versus Ahmad Hussain S/o late Md Ishaque resident of Chowk Abarpool P.S. Arrrah Town Dist. Bhojpur Plaintiff-Respondent-Opposite party ----------- 05 27.10.2009 Heard learned counsel for the petitioners and learned counsel for the opposite party. 2. This civil revision has been filed by the defendants- appellants-petitioners challenging order dated 21.08.2009 by which learned District Judge, Bhojpur rejected Miscellaneous Appeal No.15 of 2009 and affirmed order dated 19.05.2009 passed by the leaned 2nd Munsif, Ara in Miscellaneous Case no. 53 of 2008. 3. The aforesaid Miscellaneous case was filed by the petitioners under Order IX Rule 13 of the Code of Civil Procedure for setting aside ex parte decree passed by the learned Munsif, Ara in Eviction Suit no. 8 of 1998 which was filed by the opposite party for eviction of petitioner no.1 from one of the rooms of the suit premises as mentioned in Schedule II of the plaint. 4. At the very outset, learned counsel for the petitioners seeks permission to withdraw this civil revision in order to challenge - 2 - the decree of eviction passed by the trial court by way of filing title appeal before the appellate court. Learned counsel for the opposite party has got no objection. 5. In the said circumstance, this civil revision is dismissed as withdrawn with aforesaid liberty to the petitioners. However, if any such title appeal if filed, it has to be decided in accordance with law without being prejudiced by this order, one way or the other. shahid (S.N.Hussain, J)