Page No.# 1/3 GAHC010101972023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/138/2023 SAMAR ALI AND 6 ORS. S/O- LATE NUTUB ALI 2: MUSTAFA ALI S/O- LATE NUTUB ALI 3: HASHEM ALI S/O- LATE NUTUB ALI 4: SOMAR ALI S/O- LATE NUTUB ALI 5: RUSTAM ALI S/O- LATE NUTUB ALI 6: NUR ISLAM S/O- LATE NUTUB ALI 7: KALU SEIKH S/O- LATE NUTUB ALI ALL ARE SONS OF LATE NUTUB ALI R/O- VILLAGE GHANSIMALU MOUZA- PASCHIM SIALMARI P.O AND P.S- KHARUPETIA DIST- DARRANG MANGALDAI ASSA VERSUS ABDUL MATIN AND ANR Page No.# 2/3 S/O- LATE FIRDOUS 2:JULFIKKARUL HAQUE CHOUDHURY S/O- ABDUL MATIN BOTH ARE RESIDENTS OF VILL- GADAIJHAR MOUZA- PASCHIM SIALMARI P.O AND P.S- KHARUPETIA DIST- DARRANG MANGALDAI ASSA Advocate for the Petitioner : MR. A R SHOME, MR D NANDI,MR A J GHOSH,MR S CHAUHAN Advocate for the Respondent : MR. SURAJIT DAS (R- 1, 2), MR. P P DAS (R- 1, 2) BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 02.02.2026. Heard Mr. A.R. Shome, learned counsel appearing for the petitioners. Also heard Mr. S. Das, learned counsel appearing for the respondent Nos. 1 & 2. It is submitted by Mr. Shome, learned counsel for the petitioners that inadvertently the present petition has been filed under Article 227 of the Constitution of India, read with Section 115 of the Code of Civil Procedure, 1908, though it ought to have been filed under Order 43. Accordingly, he submitted that he may be allowed to withdraw the present petition with liberty to file afresh with same cause of action, to which Mr. S. Das, Page No.# 3/3 learned counsel for the respondent Nos. 1 & 2 has raised no objection. The matter is accordingly stands disposed of on withdrawal with a liberty to file afresh in proper forum/under proper Section of law, if necessary. JUDGE Comparing Assistant