HIGH COURT OF UTTARAKHAND AT NAINITAL FIRST APPEAL NO. 24 OF 2008 1. Smt. Lata Pandey, W/o Sri K.C. Pandey, 2. Smt. Kamla Karnatak, W/o Sri H.C. Karnatak, 3. K.C. Pandey, S/o Sri Bhola Dutt Pandey, All R/o Rautela Bhawan, Mallital Bhimtal, District – Nainital. …………Plaintiff/Appellants. Versus 1. Vikram Singh Satwal, S/o Sri Laxman Singh, R/o Village Aarhu Patti Paschimi Chekhata, Near Vikas Bhawan, Bhimtal, District Nainital. 2. Mahendra Singh Rautela, S/o late Ghanshyam Singh Rautela, R/o Khutani Vinayak, P.O. Bhimtal, District – Nainital. …Defendants/Respondents. Dated: 3.4.2008 Hon’ble Rajesh Tandon, J. Heard Sri Jagdish Bisht, Advocate, holding the brief of Sri Sharad Sharma, counsel for the appellants and none for the respondents. 2. By the present First Appeal filed under Section 96 of the Code of Civil Procedure, appellants have prayed for setting aside the judgment and decree dated 10.3.2008 passed by the Civil Judge (Senior Division), District Nainital in Suit No. 08 of 2005 Smt. Lata Pandey & Ors. Vs. Vikram Singh Satwal and another. 3. There is an office report showing that the appeal lies before the District Judge, therefore, the appeal is not maintainable before this Court. 4. Counsel for the appellants has prayed for withdrawal of the appeal with liberty to file the appeal before the appropriate Court. 5. In view of the aforesaid, present First Appeal is dismissed as withdrawn. Liberty is given to the appellants to approach the appropriate Court within limitation as prescribed under the India Limitation Act. Certified copy of the judgment and decree shall be returned to the appellant after getting Photostat copy of the same. 6. Copy be issued within a period of 24 hours from today. (Rajesh Tandon, J.) 3.4.2008 Rathour