[2026:RJ-JP:1364] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3851/2024 Udmiram S/o Sh. Mahaveer Prasad S/o Mahaveer Prasad, Aged About 38 Years, R/o Bureda, Tehsil Tijara, District Alwar (Raj.) ----Plaintiff-Applicant-Appellant Versus 1. Asu S/o Bhagamal 2. Islam S/o Bhagmal 3. Sakir S/o Ibra S/o Ibra, 4. Asiya W/o Ibra All R/o Ubarka, Tehsil Tijara, District Alwar (Raj.) ----Defendants-Non-Applicants-Respondents For Appellant(s) : Mr. Gopal Singh Bareth For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 13/01/2026 1. Learned counsel for the petitioner submits that the present miscellaneous appeal has been filed against the order dated 22.07.2024, whereby the suit was dismissed for non-compliance of the order of the learned Trial Court. Learned counsel further submits that he may be permitted to withdraw the present miscellaneous appeal with liberty to approach the learned Trial Court by filing a restoration application. 2. Accordingly, the miscellaneous appeal is dismissed as withdrawn with liberty to the petitioner to file a restoration application before the learned Trial Court. [2026:RJ-JP:1364] (2 of 2) [CMA-3851/2024] 3. It is made clear that the time spent in pursuing the present appeal shall be excluded for the purpose of consideration of the limitation period in filing the restoration application. 4. Pending applications, if any, stand disposed of. (BIPIN GUPTA),J Sudha/92