Court No. - 4 Case :- FIRST APPEAL FROM ORDER No. - 60 of 2023 Appellant :- Mohd. Afak And 2 Others Respondent :- Om Prakash And 5 Others Counsel for Appellant :- Amita Shukla,Satish Chandra Kashish Counsel for Respondent :- Verender Kumar Tiwari,Vijay Kumar Tiwari Hon'ble Rajnish Kumar,J. Heard, Shri Aniket Srivastava, Advocate holding brief of Shri Satish Chandra Kashish, learned counsel for the appellants and Shri Vijay Kumar Tiwari, learned counsel for the respondents. Learned counsel for the respondent raised a preliminary objection that this appeal under Order-43, Rule 1(u) of Civil Procedure Code, 1908 is not maintainable because the impugned judgment and decree passed by the lower appellate court is not an order of remand under Order-41, Rule 23 or 23A of the Civil Procedure Code because judgment of the trial court has been upheld by the lower appellate court. Learned counsel for the appellant could not dispute the aforesaid objection, though a reply to the objection has been filed and submits that the appeal may be dismissed as not pressed with liberty to avail appropriate remedy. To which there is no objection by the other side. In view of above, the appeal is dismissed as not pressed with liberty to avail appropriate remedy as may be available under law. ...................................................................(Rajnish Kumar, J.) Order Date :- 6.2.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench