Neutral Citation No. - 2025:AHC:21214 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 969 of 2025 Petitioner :- Sukkhi Lal And Another Respondent :- Kanpur Development Authority And Another Counsel for Petitioner :- Ravi Sahu,Sanjay Kumar Rai Counsel for Respondent :- Anand Prakash Paul Hon'ble Rohit Ranjan Agarwal,J. It is contended by learned counsel for the petitioners that the suit filed by the father of the petitioners was dismissed, against which, a civil appeal along with delay condonation application was filed wherein the delay condonation application has been dismissed by order dated 04.10.2024. Once, the application filed under Section 5 for condonation of delay has been dismissed, the appeal also stands dismissed, as it is a consequential order. Against the dismissal of the civil appeal, a second appeal lies under Section 100 CPC and no writ petition under Article 227 of the Constitution of India lies. Learned counsel for the petitioners submits that the writ petition may be dismissed as withdrawn with liberty to approach appellate Court. In view of the said fact, writ petition is dismissed as withdrawn with the liberty, as prayed. Office is directed to return certified copy of the judgment to the counsel for the petitioners, within 48 hours. The Court below shall also issue the necessary copy of decree of civil appeal to the petitioners' counsel so as to enable him to file a second appeal, as his section 5 application filed along with civil appeal has been rejected and also consequential order has been passed in the civil appeal. Order Date :- 14.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad