SA/56/2022
2022 Latest Caselaw 1753 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                               COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      13.06.2022
                                                SA No. 56 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Purohit, Advocate, for the appellants.

As against the 1st Appellate Court's judgment dated 20.12.2021, as rendered in Civil Appeal No. 4 of 2021. The 1st Appellate Court of District Judge, Rudraprayag, has remanded the matter while allowing the Appeal.

As against the order of remand by the Appellate Court, Second Appeal under Section 100 is not available, rather Appeal from Order would lie, as per the provisions contained under Order 43 Rule 1(u) to be read with Section 104 of the Code of Civil Procedure.

Faced with the situation, the learned counsel for the appellant seeks to withdraw the Second Appeal with liberty reserved for him to file Appeal from Order. The permission for withdrawal is granted.

The Second Appeal is dismissed as withdrawn with the aforesaid liberty to file Appeal from Order under Order 43 Rule 1(u) of the CPC.

The Registry is directed to return back the certified copy of the impugned judgment and decree, which has been put to challenge by substituting it with xerox copy.

(Sharad Kumar Sharma, J.) 13.06.2022 Mahinder/