IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.210 of 1996 JAINARAYAN RAM Versus SADANAND RAM & ORS ----------- 10 04.05.2009 In view of the order of this court dated 27.04.2009, the appellant has filed I.A. No. 2908 of 2009 for condoning the delay in the filing of the second appeal. Learned counsel for the appellant submits that the against the judgment and decree of the court of appeal below dated 08.12.1995 instant appeal has been filed on 09.08.1996 although according to the stamp reporter, limitation expired on 11.03.1996. From the averments made by the learned counsel for the appellant and the statement made in the interlocutory application, it appears that genuine reasons have been shown due to which the instant second appeal could not be filed earlier. Accordingly, this interlocutory application is allowed and delay in filing the appeal is condoned. 2. Heard learned counsel for the parties. 3. This second appeal has been filed by the defendant- respondent-appellant challenging the judgment of the learned court of appeal below by which the suit was remanded to the learned trial court for appropriate decision on all the issues along with issue of encroachment which was not framed in the suit although it was found to be the most relevant issue for the purposes of reliefs claimed in the title suit regarding declaration of title and recovery of possession etc. 4. Since this second appeal has been filed against the judgment of remand passed by the learned lower appellate court to - 2 - the learned trial court, this second appeal under section 100 of the Code of Civil Procedure is not maintainable and accordingly learned counsel for the appellant seeks permission to withdraw this second appeal for taking recourse to appropriate forum within one month from today. 5. The said prayer of the learned counsel for the appellant is allowed and accordingly, this second appeal is dismissed as withdrawn with the aforesaid liberty. shahid (S.N.Hussain, J)