Neutral Citation No. - 2025:AHC-LKO:12361 Court No. - 4 Case :- SECOND APPEAL No. - 36 of 2025 Appellant :- Harihar (Dead) Thru. 1/1. Patau Devi And Others Respondent :- Mahendra Prasad And 2 Others Counsel for Appellant :- Mata Prasad Yadav,Utkarsh Yadav Hon'ble Rajnish Kumar,J. Shri M.P.Yadav, learned counsel for the appellant submits that the appeal should have been filed under Order XLIII Rule 1(u) of the Civil Procedure Code 1908, whereas inadvertently this Second Appeal has been filed under Section 100 of CPC, therefore, the appeal may be dismissed as not pressed with liberty to file a fresh appeal under the correct provision. In view of above, this Second Appeal is dismissed as not pressed with the liberty as aforesaid. As prayed by learned counsel for the appellant, office is directed to return the certified copies annexed with the appeal to learned counsel for the appellant in accordance with law after keeping photocopy on record. . .......................................(Rajnish Kumar,J.) Order Date :- 28.2.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench