IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.114 of 2009 1. JAI NARAYAN JHA, SON OF LATE RAMDEO JHA. 2. NAND LAL JHA. 3. AWADHESH JHA. BOTH SONS OF LATE BABU LAL JHA. 4. RAM CHANDRA JHA. 5. LAXMI KANT JHA. BOTH NO.4 AND 5 ARE THE SONS OF SRI JAI NARAYAN JHA. ALL ARE THE RESIDENT OF VILLAGE VIBHUTIPUR TOLE KAPAN, POLICE STATION-VIBHUTIPUR, P.O. KAPAN, SUB DIVISION-ROSARA, DISTRICT- SAMASTIPUR. …………………..DEFENDANTS…………PETITIONERS. Versus 1. SHANICHAR RAM. 2. MAUZI RAM. BOTH ARE SONS OF BASANT RAM. 3. MOHIM RAM, SON OF LATE RAM KHELAWAN RAM. ALL ARE RESIDENT OF VILLAGE-VIBHUTIPUR TOLE KHORASAHA, POLICE STATION-VIBHUTIPUR, P.O. KHORASAHA, SUB-DIVISION-ROSARA, DISTRICT- SAMASTIPUR. ……………..PLAINTIFF…OPPOSITE PARTIES IST SET. 4. MOST. MAHALAXMI DEVI, WIFE OF LATE RAMA KANT JHA, RESIDENT OF VILLAGE-VIBHUTIPUR TOLE KAPAN, POLICE STATION-VIBHUTIPUR, P.O. KAPAN, SUB-DIVISION ROSARA, DISTRICT- SAMASTIPUR. …………………DEFENDANT/OPPOSITE PARTY 4TH SET. ----------- For the Petitioners: M/s. Satish Kumar and Ashok Kumar, Advocates. --------- 7. 26.8.2010. Perused the office notes. The office has raised objection that this Civil 2 Revision is not maintainable against the impugned order whereby the petition filed under Order IX Rule 13 of the Code of Civil Procedure has been dismissed and the appeal would lie against the same under Order XLIII Rule 1(d) of the Code of Civil Procedure before the District Judge concerned. Learned counsel for the petitioners does not contest the stamp report and seeks permission for withdrawal of this Civil Revision for filing an appeal against the impugned order before the appropriate court. Permission is accorded. This Civil Revision is dismissed as withdrawn with a liberty to the petitioners to file an appeal before the appropriate court within six weeks from the date of passing of this order alongwith a petition for condoning the delay and if a ground is raised therein that the petitioner was bonafide prosecuting this Civil Revision as against the impugned order before this Court, then the same shall be disposed of by the court concerned in accordance with law taking into consideration such ground. P.S. ( Dr. Ravi Ranjan, J)