Court No. - 36 Case :- SECOND APPEAL No. - 893 of 2024 Appellant :- Kanchhid And 2 Others Respondent :- Veer Singh And 7 Others Counsel for Appellant :- Parijat Srivastava,Shadab Alam Counsel for Respondent :- Mohan Srivastava Hon'ble Kshitij Shailendra,J. 1. Heard Sri Ashvarya Pratap Sahi holding brief of Sri Parijat Srivastava, learned counsel for the appellants and Sri Mohan Srivastava, learned counsel for the respondents. 2. An objection regarding maintainability of this appeal was raised on the previous occasion by Sri Mohan Srivastava, Advocate. The Court passed following order on 16.01.2025:- "1. Shri Mohan Srivastava, learned counsel for the respondents has raised a preliminary objection regarding maintainability of this appeal by pointing out that Original Suit was filed before the Gram Nyayalaya and against the decision, a civil appeal was filed before the District Judge, Bulandshahr that has been decided by the learned Additional District Judge/Fast Track Court No. 4, Bulandshahr by the impugned decision, however as per the provisions of sub-section (6) of Section 34 of Gram Nyayalayas Act, 2008, no further appeal or revision would lie from the decision of the District Court and in terms of proviso to sub-section (6), the appellants have remedy either under Article 32 or under Article 226 of the Constitution of India. 2. Learned counsel for the appellants seeks time to study the matter and address on maintainability of the appeal. 3. Put up as fresh after ten days." 3. Learned counsel for the appellants very fairly submits that he has examined the provisions of Gram Nyayalayas Act, 2008 and in view of the proviso attached to Sub-section (6) of Section 34 of the Act, the appellants may be permitted to withdraw the appeal with liberty to file a writ petition under Article 226 of the Constitution of India. 4. Sri Mohan Srivastava, learned counsel for the respondents has no objection to the prayer made. 5. Accordingly, the instant appeal is dismissed as withdrawn with liberty to the appellants to file a writ petition under Article 226 of the Constitution of India. 6. Office is directed to return the certified copies of the documents attached to the memo of appeal within ten days after obtaining photostat copies thereof, which shall be supplied by the learned counsel for the appellants within the same period of time. Order Date :- 27.1.2025 Pkb/ Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad