Neutral Citation No. - 2025:AHC:107748-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 364 of 2025 Appellant :- Ashish Agnihotri Respondent :- Smt. Jagriti Agnihotri Counsel for Appellant :- Ashish Kumar,Girish Singh Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Mr. Ashish Kumar, learned advocate appears on behalf of applicant-appellant and submits, his client will file miscellaneous petition under article 227 in the Constitution of India. As such, he will not prosecute the appeal. 2. Paragraphs 1 to 3 of earlier order dated 15th April, 2025 are reproduced below. "1. Mr. Kumar, learned advocate appears on behalf of applicant-appellant and submits, his client is aggrieved by judgment dated 28.1.2025 rejecting the application for amendment to the petition in the matrimonial case. 2. On query he submits, there has been view taken by a learned single judge of this Court that order passed on an amendment application, either allowing or disallowing it, is a 'case decided' and therefore a final order for appeal being maintainable. 3. The learned single judge took the view by relying on view taken by a Full Bench of this Court in Rama Shanker Tiwari vs. Mahadeo and Others reported in 1968 (38) AWR 103. Mr. Kumar is to produce the jdugment for our perusal." 3. Applicant does not want to prosecute the appeal. The application and appeal thus are dismissed. The dismissal will not prevent appellant from finding his remedy as available in law. Certified copy of impugned judgment dated 20th January, 2025 be returned to applicant on providing photocopy thereof to be kept in the record. Order Date :- 8.7.2025 Mohini (Arindam Sinha, J.) (Dr. Y.K. Srivastava, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad