SBCMA No.947/06 Basti Mal Vs. Shri Chhagan Lal & Ors. -{1}- S.B. Civil Misc. Appeal No.947/2006 Basti Mal vs Shri Chhagan Lal & Ors. DATE OF ORDER : - 11.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Suresh Shrimali, for the appellant. Mr.SD Purohit, for the respondents. <><><> Objection has been raised by the respondents that the impugned order was passed by the Court of Civil Judge (Sr. Div.), Bali and order under challenge could have been challenged by preferring appeal before the Court of concerned District Judge. Learned counsel for the appellant submits that it was absolutely inadvertent mistake and, therefore, appellant may be permitted to withdraw the appeal with liberty to file appeal before the court of District Judge. In view of the above reasons, the prayer of the appellant seeking permission to withdraw the appeal with liberty to file appeal before the court of concerned District SBCMA No.947/06 Basti Mal Vs. Shri Chhagan Lal & Ors. -{2}- Judge is allowed. The application filed by the respondents become infructuous and the same is hereby rejected as having become infructuous. Therefore, the appeal of the appellant is dismissed as withdrawn with above liberty. (PRAKASH TATIA), J. c.p.goyal/-