$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 72/2022 RAMAKANT MANDAL .....Appellant Through: Appearance not given. versus RUKHSANA & ORS. .....Respondent Through: Mr. Abhinav Garg (Panel Counsel for GNCTD) with Adv. Mihir. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 08.07.2026 1. The Suit for Possession and Permanent Injunction filed by the Plaintiff was dismissed in default on 07.01.2019. The learned Civil Judge vide Order dated 14.05.2019 dismissed the Restoration Application under Order IX Rule 9 CPC. Thereafter Civil Misc. Appeal No.6/2019 was preferred by the Appellant which got dismissed vide impugned Order dated 08.07.2021 has been barred by limitation. 2. Learned counsel has been specifically questioned if a Regular Second Appeal is maintainable against an Order of dismissal of Application under Order IX Rule 9 CPC especially when a Civil Misc. appeal had been filed and that there is no Judgment and Decree of any Court. 3. Learned counsel for the Appellant seeks permission to withdraw the present Appeal with liberty to file an appropriate Petition before the competent Court in accordance with law. 4. It is hereby clarified that the time taken in the pendency of this This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2026 at 11:43:14 Second Appeal may be considered for exclusion in the period of limitation. 5. The Appellant is, therefore, permitted to withdraw the present Appeal with liberty, as prayed for. 6. The Appeal stand disposed of accordingly along with the pending Application(s). NEENA BANSAL KRISHNA, J JULY 8, 2026/va This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2026 at 11:43:14