Neutral Citation No. - 2025:AHC:71365 Court No. - 37 Case :- SECOND APPEAL No. - 316 of 2025 Appellant :- Haseebunnisha Respondent :- Ahmad Ali (Deceased) And 17 Others Counsel for Appellant :- Tabish Yusufi,Tripathi B.G. Bhai Hon'ble Dinesh Pathak,J. 1. While entertaining the instant second appeal, this Court has passed the following order dated 15.04.2025. "1. Plaintiffs - respondents have filed suit for permanent prohibitory injunction with respect to the dilapidated house and its sahan (open area in front of house) against the defendant first set, not to interfere in peaceful possession of the plaintiff over the property in question. During the pendency of suit, relief Aa-1 has been sought for, to cancel the sale dated 27.11.2001 said to have been executed by defendant No. 1, (Smt. Kaifula) in favour of defendant IInd set, appellant herein. Relief Aa-2 has been sought for as well, for cancellation of sale deed dated 24.12.2012, said to have been executed by defendant 1st set in favour of defendant third set (Vakil Ahmed). 2. Learned Trial Court has dismissed the suit. However, the appeal, having been filed on behalf of the plaintiff, has been allowed in part with respect to the relief Aa and relief Aa-2, to wit, the relief for permanent prohibitory injunction and cancellation of the registered sale deed dated 24.12.2012 respectively. While dismissing the suit, the learned Trial Court has upheld the validity of registered Will dated 7.2.1995, which was executed in favour of defendant No. 1 (Smt. Kaifula), who has executed the registered sale dated 27.11.2001. 3. Perusal of the judgment and decree passed by the courts below evince that the appeal was partly decreed, consequently, the suit was partly decreed against the defendant first set and defendant third set. Instant appeal has been filed on behalf of the defendant second set in whose favour sale deed dated 27.11.2001 was executed. 4. Learned counsel for the appellant has prayed for and is granted a week's time to address the Court on the maintainability of the instant second appeal on behalf of the defendant second set against whom no relief has been granted to the plaintiffs. 5. List on 5.5.2025 as fresh." 2. After due deliberations at length, learned counsel for the appellant has prayed to dismiss the instant second appeal as withdrawn. 3. As such, instant second appeal is dismissed as withdrawn. However, it is clarified that any other party, if aggrieved by the order passed by the courts below, can approach before this court. Order Date :- 5.5.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad