IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7057 of 2010
Madan Prasad S/O Sri Hazari Prasad R/O Vill.- Brahmpura
(Soda Godam), Ward No.1, P.O.- M.I.T., Anchal- Mushari,
P.S. Brahmpura, Distt.- Muzaffarpur
Versus
Munna Kumar S/O Sri Ram Narain Prasad R/O Mohalla-
Brahampura (Soda Godam), Ward No.-3, P.O.- M.I.T., P.S.-
Brahampura, Anchal- Mushari, Sub-Division And Munsifi-
Muzaffarpur East, Distt.- Muzaffarpur
--------------------
02/ 26.09.2011 Mr. K.N. Diwakar, learned counsel for the petitioner
and Mr. Arun Kumar Prasad, learned counsel for the respondents
are present.
The writ petition had been filed questioning the order
dated 11.5.2009 passed by Sri S.K. Varma, learned Munsif, East,
Muzaffarpur, in T.S. No. 48 of 2007, whereby the prayer of the
petitioner for appointment of Advocate Commissioner, has been
rejected.
Learned counsel for the petitioner, considering the
developments that the suit in question bearing Title Suit No. 48 of
2007 itself has been dismissed by a judgment and decree dated
18.5.2011, seeks permission to withdraw the writ petition with a
liberty to raise the issue in appeal.
Permission is allowed.
The writ petition is disposed of with the liberty
aforesaid.
(Jyoti Saran, J.)
S.Sb/-