Page No.# 1/2 GAHC010200182023 2025:GAU-AS:8198 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/282/2023 MS NEKNOOR BIBI D/O BIBI ASMA, R/O VILL-BALAKANDI PART-1, P.O.-BASHBARI, P.S.- HAILAKANDI, DIST-HAILAKANDI, PIN-788151 VERSUS MD. ABDUL HAKIM BARBHUYIYA AND ANR S/O LT ABDUL LATIF BARBHUIYA, VILL- BORNAGAD, P.O.-KALI BARI BAZAR, P.S.-ALGAPUR, DIST- HAILAKANDI, NOW R/A W/NO 01, HAILAKANDI TOWN, P.O., P.S. AND DIST- HAILAKANDI, PIN-788151 2:MD. MOIN UDDIN LASKAR S/O LT MASKANDAR ALI LASKAR R/O HAILAKANDI TOWN WARD NO 02 PIN-78815 For the Petitioner(s) : Mr. Sheeladitya, Advocate For the Respondent(s) : Ms. R. Choudhury, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.06.2025 Mr. Sheeladitya, the learned counsel appearing on behalf of the petitioner submits that taking into account that the order which has been Page No.# 2/2 assailed in the instant proceedings pertains to an order passed in exercise of the powers under Order XXI Rule 100 and 101 of the Code of Civil Procedure, 1908 (for short ‘the Code’) , it would be a decree in terms with Order XXI Rule 103 of the Code, he would not like to press the instant petition. However, he submits that he may be permitted to file an appeal thereagainst before the appropriate appellate forum and the period during which the instant proceedings have been pending be excluded while computing the period of limitation. 2. Taking into account the above, this Court closes the instant petition on withdrawal. 3. The petitioner would be at liberty to file a Regular Appeal before the competent Court against the order dated 14.08.2023 passed in Misc. Case No.22/2023. 4. The period from 02.09.2023 till date be excluded while computing the period of limitation. 5. Interim order passed if any, stands vacated. JUDGE Comparing Assistant