IN THE HIGH COURT OF JUDICATURE AT PATNA S.A. No.119 of 2008 Manoj Kumar Gupta @ Manoj Kumar, son of Jagdish Prasad Gupta, resident of village Baratpur, Aurangabad, Post Office, Police Station and District Aurangabad. M/s Prakash Store, G.T. Road, Aurangabad. ……..Defendant-Appellant-Appellant. Versus Mitul Kumar, son of Sri Lallan Prasad, resident of village Shahpur, PO., P.S. and District Aurangabad. ……..Plaintiff-Respondent-Respondent. For the appellant : M/s Lal Bahadur Singh and Kaushal Kumar, Advocates. For the respondent : None. ----------- 04/ 27.11.2009 After some arguments, learned counsel for the appellant accepts the stamp report regarding maintainability of the appeal and submits that he wants to withdraw this second appeal with a liberty to file civil revision under the proviso to sub-section (8) of Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 against the judgment and decree of his eviction passed by the learned Munsif, Aurangabad in Eviction Suit No.01 of 2000. The prayer is allowed and this second appeal is dismissed as withdrawn with the aforesaid liberty. However, long time has lapsed since the order of his eviction due to the pendency of title appeal and second appeal, hence the appellant will be at liberty to file an interlocutory application in the said civil revision, if filed, which will be considered on its own merit. harish/ ( S. N. Hussain, J. )