Dismissed
Smt.Durga Wati v. Ram Briksha and Others
Allahabad HCSAPL/1572/1984
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from the order text
What is this about?
Case :- SECOND APPEAL No. - 1572 of 1984…
What the court decided
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Case :- SECOND APPEAL No. - 1572 of 1984…
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Court No. - 53
Case :- SECOND APPEAL No. - 1572 of 1984
Appellant :- Smt.Durga Wati Respondent :- Ram Briksha And Others Counsel for Appellant :- S.Nandan,C.K.Rai,M.P.Singh,Sanjiv Kumar,Yogesh Kumar Pandey Counsel for Respondent :- H.S.N.Tripathi,Alok Kumar Srivastava,R. B.
Tripathi,R.B.Triapthi,R.B.Tripathi,S.N.Tripathi,Satendra Kumar Singh,Suresh Chandra Varma
Hon'ble Vivek Agarwal,J.
Sri Yogesh Kumar Pandey, learned counsel for the appellant is present. Illness intimation of counsel for the respondent Sri R.B. Tripathi has been received. It has been informed that he has not come to the Court today.
This case was passed over on the illness slip of Sri C.K. Rai, learned counsel for the appellant on 27.07.2017. On 15.12.2017, case was adjourned on the illness slip of Sri R.B. Tripathi. On 08.01.2018, it is mentioned that Sri Yogesh Kumar Pandey, learned counsel for the appellant submits that the appellant has decided not to pursue the appeal and the application for withdrawal bearing no. 120004 of 2017 has been filed. Yet the coordinate Bench of this Court granted time to the respondent counsel Sri R.B. Tripathi to prepare the matter and the appellant himself is not interested in pursuing the appeal and has filed an application for withdrawal of the second appeal, then there appears to be no justification in continuing with the appeal and not dismissing this second appeal as withdrawn as has been prayed by learned counsel for the appellant namely, Sri Yogesh Kumar Pandey. This Civil Misc. (Withdrawal) Application No. 120004 of 2017 is duly supported by an affidavit of the appellant- Smt. Durga Wati who has been identified by her counsel Sri Yogesh Kumar Pandey.
In view of such facts, Civil Misc. (Withdrawal) Application No. 120004 of 2017 is allowed and appeal is dismissed as withdrawn.
Order Date :- 13.1.2020 Vikram/-
Smt. Durga Wati
Ram Briksha
Vivek Agarwal
As recorded by the court registry
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