The High Court allowed the appellant's prayer to dismiss the second appeal as withdrawn. The appellant was granted liberty to file a fresh second appeal after curing formal defects in the affidavit.
Prayer to dismiss appeal as withdrawn allowed; liberty to file fresh appeal granted.
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Court No. - 4
Case :- SECOND APPEAL No. - 99 of 2022
Appellant :- Ashok And 5 Others Respondent :- Baleram(Deceased) And 4 Others Counsel for Appellant :- Sanjay Kr. Srivastava Counsel for Respondent :- Ayub Khan
Hon'ble Salil Kumar Rai,J.
Counsel for the appellants' states that certain necessary facts could not be stated in the affidavit filed in support of the second appeal and prays that the appeal be dismissed as withdrawn to enable him to remove certain formal defects and permit him to file fresh second appeal.
The prayer is allowed.
The appeal is dismissed as withdrawn with liberty to file fresh second appeal.
It is clarified that in case, a fresh second appeal is filed, a copy of the said appeal will also be served to Mr. Ayub Khan, counsel for the opposite party who has filed his Vakalatnama in the present case.
Order Date :- 11.3.2022 SY
Digitally signed by SWETA YADAV Date: 2022.03.11 14:59:22 IST Reason: Location: High Court of Judicature at Allahabad
Ashok And 5 Others
Baleram(Deceased) And 4 Others
Salil Kumar Rai
As recorded by the court registry
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