AD-06 Ct No.16 10.12.2025 TN SMAT 1 of 2024 IA No: CAN 1 of 2025 Raakesh Rathore Vs. Vardhman Sethia Mr. Biplab Ranjan Bose, Mr. Souvik Sarkar …..for the appellant 1. Learned counsel for the appellant submits, rightly, that instead of a revisional application under Article 227 of the Constitution of India, a second miscellaneous appeal has been filed erroneously. Hence, the appellant seeks to withdraw the appeal with leave to file a revisional application instead against the impugned order. 2. We find that the impugned order is in the nature of an injunction order passed in a miscellaneous appeal under Order XLIII of the Code of Civil Procedure and, as such, no second appeal is maintainable against such order in law. 3. Accordingly, SMAT 1 of 2024 is dismissed as withdrawn, with liberty to the appellant to file an appropriate challenge against the impugned order before the appropriate forum/court. 4. Liberty is also granted to the learned Advocate-on- record for the appellant to take back the certified copy 2 of the impugned order upon furnishing a photocopy thereof for the records. 5. CAN 1 of 2025 stands disposed of accordingly. 6. There will be no order as to costs. (Sabyasachi Bhattacharyya, J.) (Supratim Bhattacharya, J.)