Neutral Citation No. - 2025:AHC:23644 Court No. - 36 Case :- FIRST APPEAL FROM ORDER No. - 1943 of 2024 Appellant :- Tahir Hussain And 2 Others Respondent :- Taufiq Ahmad And 10 Others Counsel for Appellant :- Ram Sajiwan Mishra,Satyam Mishra Counsel for Respondent :- Hemant Kumar Rai Hon'ble Dinesh Pathak,J. 1. Stamp reporter has submitted report dated 18.2.2025 in compliance of orders dated 13.2.2025 and 17.2.2025 to the effect that instant FAFO is not maintainable inasmuch as original application under Order 39 Rules 1 and 2 of CPC is still pending consideration. 2. After due deliberation at length, learned counsel for the applicant has prayed to dismiss the instant appeal as withdrawn with liberty to resort appropriate remedy as available under the law. 3. There is no oppose to the prayer as made by the learned counsel for the appellant. 4. As such, the instant appeal is dismissed as withdrawn with liberty as prayed for. 5. Office is directed to return the certified copy of the documents annexed in the instant appeal to the learned counsel for the appellant after retaining its photo-stat copy at relevant place. Order Date :- 19.2.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad