Neutral Citation No. - 2025:AHC:27442 Court No. - 36 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1091 of 2024 Appellant :- Prashant Vashistha And Another Respondent :- Rajeev Kumar Agrawal Counsel for Appellant :- Sachin Kumar Sharma Counsel for Respondent :- Rajesh Kumar Yadav Hon'ble Dinesh Pathak,J. 1. Instant F.A.F.O. has been filed under Order XLIII Rule 1 (j) C.P.C. assailing the order dated 28.08.2024 passed by the learned District Judge whereby misc. appeal filed on behalf of the present appellants against the order dated 07.08.2024 dismissing the application under Order XXI Rules 97, 99 & 101 C.P.C. has been rejected. 2. Stamp Reporter has raised objection regarding maintainability of the present appeal against the order passed by the District Judge in misc. appeal. 3. After due deliberations at length, learned counsel for the appellants prays for to dismiss the instant F.A.F.O. as withdrawn with liberty to resort to appropriate remedy available under the law. 4. There is no oppose to the prayer so made. 5. As such, instant appeal is dismissed as withdrawn with liberty as prayed for. 6. Office is directed to return the certified copy of the judgment after retaining its photostat copy at the relevant place. 7. It is clarified that before resorting to another remedy, as available under the law, learned counsel for the appellants is directed to serve notice to learned counsel for the respondent. Order Date :- 27.2.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad