ORDER

1. This is a petition filed under Article 226 of the Constitution of India being aggrieved by the order dated 18.09.2018 passed in Case No.MCA.17/2017 by First Additional District Judge, Neemuch, whereby the application of the petitioner filed under section 5 of the India Limitation Act alongwith the First Appeal has been dismissed.

2. The petitioner filed an application under section 372 of the India Succestion Act before the Civil Judge, Class I, Neemuch. The said application was allowed and succession certificate was issued in his favour. Thereafter, the department further deposited certain amount in the account of deceased employee and for claiming the said amount, the petitioner filed an application under section 376 of the Indian Successtion Act for extension of succession certificate. In the said application, the respondent no.4 appeared and claimed the amount deposited by the department. The said application was dismissed by the trial Court. Against the said order, the petitioner filed a Miscellaneous Appeal No.1656/2016 before this court instead of filling of first appeal before the District Judge. The said appeal was not maintainable therefore, the same was withdrawn