Neutral Citation No. - 2025:AHC:108600 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6738 of 2025 Petitioner :- Hansraj Since Deceased And 6 Others Respondent :- Jamuna Prasad (Since Deceased) And 26 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- Shiva Priya Prasad Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed against the order dated 30.4.2025 passed by the Additional District Judge, First Jaunpur in Misc. Case No. 1/2023 rejecting the application under Section 5 of the Indian Limitation Act filed in support of an application under Order 41 Rule 19 CPC. 3. Shri Ashish Singh, learned counsel for the respondents has submitted that result of dismissal of an application under Section 5 of Limitation Act which has been filed in support of an application under Order 41 Rule 19 CPC. will be the dismissal of the application under Order 41 Rule 19 C.P.C. Against the order passed under Order 41 Rule 19 C.P.C. dismissing the application, a first appeal from order will lie under Order 43 Rule 1(t) C.P.C. 4. At this stage, Shri Anupam Kulshreshtha, learned counsel for the petitioners submitted that he may be permitted to withdraw this petition with liberty to file first appeal as provided under Order 43 Rule 1(t) C.P.C. 5. In view of the same, this writ petition is dismissed as not pressed with aforesaid liberty. 6. Certified copy of the orders may be returned to Shri Anupam Kulshreshtha, learned counsel for the petitioners within 48 hours after retaining xerox copy of the same on record. Order Date :- 9.7.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad