Neutral Citation No. - 2025:AHC:6064 Court No. - 36 Case :- FIRST APPEAL FROM ORDER No. - 2781 of 2024 Appellant :- Shrepal Respondent :- Lalit Kumar Counsel for Appellant :- Avinash Singh Chauhan,Virendra Singh Chauhan Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the appellant. 2. The instant appeal is directed against the order dated 20.09.2024, whereby the District Judge, Shamli has allowed Misc. Civil Appeal No. 7 of 2024 and has set aside the injunction order passed by the trial court. 3. The aforesaid appeal was filed under Order XLIII Rule 1(r) of Code of Civil Procedure, against which no First Appeal From Order lies as per Section 104(2) of C.P.C., nor is there any provision under Order XLIII to raise a challenge to an order passed under Order XLIII Rule 1 (r) of C.P.C. by way of another appeal. 4. In the opinion of the Court, against the impugned order, a petition under Article 227 of Constitution of India is maintainable. 5. Learned counsel for the appellant seeks withdrawal of the instant appeal with liberty to file a petition under Article 227 of Constitution of India. 6. Prayer made is granted. 7. The appeal is dismissed as withdrawn with liberty to file a petition under Article 227 of Constitution of India. 8. Office is directed to return the certified copies annexed to the paper book to the learned counsel for the appellant within ten days after retaining photostat copies thereof, which shall be supplied by the learned counsel for the appellant to the office within the same period of time. Order Date :- 15.1.2025 Sazia Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad