IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.188 of 2022 ====================================================== M/s Aryavart Lifespaces Pvt. Ltd. ... ... Appellant/s Versus The Authorized Representative, Real Estate Regulation Authority (RERA), ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mohit Raj, Advocate For the Respondent/s : Mr. Jainandra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 24-07-2025 Office has reported that the instant Second Appeal is not maintainable under Section 100 of the Code of Civil Procedure. Against such impugned order, the proper remedy seems to lie by way of filing a memo of Miscellaneous Appeal under Section 58 of Real Estate (Regulation and Development) Act, 2016. 2. Learned counsel for the appellants seeks permission to withdraw the instant Second Appeal so that he may file proper Miscellaneous Appeal against impugned order. Permission is granted. 3. Accordingly, the instant Second Appeal is dismissed as withdrawn. sankalp/- (Khatim Reza, J) U