Page No.# 1/2 GAHC010035812025 2025:GAU-AS:2365 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RSA/16/2025 SRI SHEW KUMAR PRASAD S/O LATE RAGHUNATH PRASAD, RESIDENT OF DEVIPUKHURI PANCHALI, TINSUKIA TOWN, PO AND PS AND DIST TINSUKIA, ASSAM VERSUS MD. ZAHIRUL HAQUE S/O LATE MAZHARUL HAQUE, RESIDENT OF DEVIPUKHURI PANCHALI, TINSUKIA TOWN, PO AND PS AND DIST TINSUKIA, ASSAM For the Appellant(s) : Mr. S. Islam, Advocate For the Respondent(s) : None appears. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 05.03.2025 Mr. S. Islam, the learned counsel appearing on behalf of the appellant submits that the instant appeal has been wrongly filed and the appellant ought to have filed revision petition under Section 115 of the Code of Page No.# 2/2 Civil Procedure, 1908 (for short ‘the Code’). He therefore submits that he may be permitted to withdraw the instant appeal with a liberty to file application under Section 115 of the Code. He further submits that the period during which the instant appeal has been pending i.e. from 17.02.2025 till date be excluded while computing the period of limitation. 2. Taking into account the above, the instant appeal stands closed on withdrawal. However, liberty is given to the appellant to file application under Section 115 of the Code and the period during which the instant appeal has been pending i.e. from 17.02.2025 till date be excluded while computing the period of limitation. 3. This Court further directs the Registry that upon an application being filed by the learned counsel for the appellant, provide the certified copies of the judgment and decrees which have been filed along with the instant appeal. JUDGE Comparing Assistant