Application under Section 482 was dismissed as not pressed. This was because the applicant's counsel was absent and the underlying compromise had already been rejected by the trial court.
Application dismissed with liberty to file a better affidavit challenging the earlier order rejecting the compromise.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 629 of 2022
Applicant :- Aalim And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naushad,Dhirendra Kumar Srivastava,Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Ms. Saheen Ansari, Advocate on behalf of Mr. Mohd. Akbar Shah Alam Khan, learned counsel for the applicants, requests to pass over the case for the day as Mr. Khan has been subsequently engaged in this matter.
Perusal of the order sheet goes to show that on 25.03.2022, the trial Court was directed to verify the compromise between the parties and send verification report within one month, however, till date, the compromise verification report is awaited.
The application regarding compromise has already been rejected vide order dated 24.03.2021 as is evident from the order sheet of trial Court. Hence, frivolous prayer was made by learned counsel for the applicants.
Learned counsel for the applicants prays to withdraw this application with liberty to file better affidavit by challenging the aforesaid order dated 24.03.2021 vide which compromise has been rejected.
In view of above, this application is dismissed as not pressed with the aforesaid liberty as prayed.
Order Date :- 13.3.2023 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
Aalim and 4 Others
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
