Learned counsel appearing on behalf of the petitioner sought permission of this court to withdraw the Civil Revision Petition with liberty to challenge the fair and decreetal order passed in I.A.No.545 of 2016 in O.S.No. 395 of 2016 on the file of Principal Sub Court, Erode by way of an appeal under Order 43, Rule 1(q) of CPC and to that effect he has also made an endorsement in the memorandum of grounds in the Civil Revision Petition.
2. In view of the submission made by the learned counsel for the petitioner, the above Civil Revision Petition is dismissed as withdrawn and liberty is given to the revision petitioner to challenge the order passed in I.A.No.545 of 2016 in O.S.No. 395 of 2016 by way of an appeal under Order 43, Rule 1(q) of CPC. In the case of the revision petitioner filing an application for condonation of delay, in filing the appeal under Order 43, Rule 1(q) of CPC, the Lower Appellate Court is directed to consider the same on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.