ORDER

After arguments at length, learned senior counsel for the petitioner prays for withdrawal of this miscellaneous petition with liberty to file necessary objections before the executing Court.

2 . Prayer being reasonable is accepted and this miscellaneous petition is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.

3. At the same time, it is pertinent to mention here that against the order dtd. 06.01.2024 passed by 2nd Civil Judge Senior Division, Gauharganj, District Raisen in execution Case No. 1-A/2017, appeal under Order 41 Rule 8 CPC r/w Section 96 CPC dtd. 12.01.2024 has been filed before District Judge, Gauharganj, District Raisen which by passing interim/impugned order dtd.

19.02.2024 has been entertained holding it to be maintainable. 4. In the case of Masomat Narmada Devi and another vs. Ram Nandan Singh and Others AIR 1987 Patna 33 (FB), the Hon'ble Full Bench of Patna High Court in para 46 has held as under:-

"46. To finally conclude on the primal questions formulated at the outset, the answer to question No. 1 is rendered in the negative and it is held that no appeal is now maintainable against an order under S. 47 of