Page No.# 1/3 GAHC010108172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/71/2025 TAPAN HALDAR S/O SRI BIREN HALDER R/O BIRUBARI RAMKRISHNA ROAD HOUSE NO 1/A BY LANE NO 1/A PO GOPINATH NAGAR GUWAHATI 16 PS PALTAN BAZAR DIST KAMRUP METRO ASSAM VERSUS SAMIR KANTI DAS ALIAS SAMIR DAS AND ORS S/O LT HARIPADA DAS R/O KUSHALNAGAR BAMUNIMAIDAM GUWAHATI 21 PO BAMUNIMAIDAM PS CHANDMARI DIST KAMRUP METRO ASSAM 2:AMRIT CHANDRA DEY S/O LT ADHIR CHANDRA DEY R/O SANKAR NAGAR ODALBAKRA HOUSE NO 40 PO LALGANESH PS FATASIL AMBARI GUWAHATI DIST KAMRUP METRO ASSAM 3:RADHA KANTA BARAI S/O LT BINOD BARAI R/O HOUSE NO 5 BIMALA NAGAR PO GOPINATH NAGAR GUWAHATI 16 PS PALTAN BAZAR DIST KAMRUP METRO ASSAM 4:MD ALAM S/O ABDUL KALAM R/O ULUBARI OPP PWD OFFICE GUWAHATI 7 PS PALTAN BAZAR DIST KAMRUP METRO ASSA For the petitioner (s) : Mr. L. Mohan, Advocate For the respondent (s) : XXXX Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 13.06.2025 Mr. L. Mohan, the learned counsel appearing on behalf of the petitioner submits that taking into account that vide the impugned order dated 02.03.2020 passed in Misc.(J) Case No.108/2019, the application for condonation of delay was rejected, and consequently, the Appeal was dismissed, the petitioner ought to have filed an Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’). He, therefore, submitted that under a mistaken impression, the instant proceedings have been preferred under Article 227 of the Constitution read with Section 115 of the Code. The learned counsel for the petitioner submitted that the instant application be allowed to be withdrawn with liberty to the petitioner to file an Appeal under Section 100 of the Code. The learned counsel for the petitioner further submitted that the period from 20.05.2025 till date, be excluded while computing the period of limitation for preferring the Appeal. 2. Taking into account the above, the instant proceedings stands closed on withdrawal. Page No.# 3/3 3. This Court further observes that the period during which the present proceedings was pending, i.e. from 20.05.2025 till date, be excluded while computing the period of limitation for filing an Appeal. JUDGE Comparing Assistant