1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.363 of 2010 State of Rajasthan through District Collector, Bharatpur & Anr. VERSUS Chandrawati wife of Shri Radha Kishan and Others Date of Order :::: 03/02/2010. Hon'ble Mr. Justice Dalip Singh Dr. M.S. Kachhawa, Counsel for the appellants-State. *** By the Court : The appellants have preferred this miscellaneous appeal with the prayer that the decree passed by the learned trial Court dated 31.07.2007 may be set aside. Against a decree no miscellaneous appeal under Order 43 C.P.C. is maintainable. The proper course is to file a regular appeal under Section 96 C.P.C. In the facts and circumstances, this miscellaneous appeal not being maintainable stands disposed of as not maintainable. Learned counsel for the appellants submits that they may be permitted to withdraw this miscellaneous appeal and file a regular first appeal against the impugned judgment 2 and decree. Prayer made is allowed. The Registry is directed to return the original documents to the learned counsel for the appellants-State to enable the State to file a regular appeal against the impugned judgment and decree. The miscellaneous appeal and the stay application stand disposed of as withdrawn. In case, the appellants prefer to file an appeal, they would be entitled to seek condonation of delay in accordance with law on account of the pendency of this miscellaneous appeal. (Dalip Singh), J. Ashok/