The High Court of Judicature at Allahabad (Lucknow Bench) dismissed Second Appeal No. 43 of 2024 as withdrawn, allowing the appellant to avail the remedy of filing under Order 43 Rule 1(u) CPC. The certified copies were directed to be returned.
Appeal dismissed as withdrawn with liberty to file a F.A.F.O. under Order 43 Rule 1(u) CPC.
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Court No. - 4
Case :- SECOND APPEAL No. - 43 of 2024
Appellant :- Irfan @ Urphan And 6 Others Respondent :- Khairul Nisha And 37 Others Counsel for Appellant :- Ramendra Kumar Misra
Hon'ble Rajnish Kumar,J.
Sri R.K.Mishra, learned counsel for the appellant submits that this second appeal has inadvertently been filed whereas the remedy of F.A.F.O. under Order 43 Rule 1(u) CPC is available, therefore this appeal may be dismissed as withdrawn with liberty to avail the appropriate remedy.
Dismissed accordingly as withdrawn with liberty as aforesaid.
As prayed by learned counsel for the appellant, office is directed to return the certified copy/copies of the orders annexed with this appeal to learned counsel for the appellant after keeping the photocopy of the same on record in accordance with law.
Order Date :- 12.3.2024 Akanksha
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the second appeal should be dismissed as withdrawn in lieu of filing under Order 43 Rule 1(u) CPC.
Irfan @ Urphan And 6 Others
Khairul Nisha And 37 Others
Rajnish Kumar
As recorded by the court registry
3 orders share this CNR
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