HIGH COURTOFCHHATTISGARH.BItASPUR Second Appeal (PR) No.2871 of 2010 C,{\ 3 O ^//lfr APPELLANT/: (Defendant) RESPONDENT/: (Plaintiff) Tilak Ram Son of Ram Lal Soni, aged 50 years, Village and post Keragao, Tahsil Nagari, District Dhamtari (C.G.) Versus Karan Singh Son of Toran Singh Chandrakar,. R/o Village and Post Kukrel, Tahsil Nagari, District Dhamtari (C.G.) {Second appeai under Section 100 ofthe Code of Civil Procedure, 1908} Present: Mr. R.S. Patel, counsel for the appellant. <, Single Bench: Hon'ble Mr. T.P. Sharma. J ORALORDER (28-9-2010) 1. This appeal is directed against the judgment & decree dated 13-7-2010 passed by theAdditional District Judge (F.T.C.), Dhamtari in Civil Appeal N0.42A/2009. 2. Learned counsel for the appeltant submits that erroneously he has filed regutar second appeal instead of filing miscelianeous appeal under Order 43 Rule 1 (u) ofthe C.P.C. and, therefore, he seeks to withdraw the second appeal with liberty to fiie miscellaneous appeai under Order 43 Rute 1 (u) ofthe C.P.C. 3. The appeal is dismissed as withdrawn with liberty aforesaid. However, the appellant is entitled for return of Court fees which he has paid in this second appeal. Certified copy of the judgment & decree impugned be given to counsel for the appellant on his submitting the duly attested Photostat copy of the same. 4. The interim applications stand disposed of. Soma Sd/- T.P. Sharma Judge i?i