The Allahabad High Court allowed the appellants application to withdraw the second appeal as the parties had reached an out of court compromise involving payment and handover of possession.
The Second Appeal No.242 of 2021 is dismissed as withdrawn.
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Neutral Citation No. - 2024:AHC-LKO:29374
Court No. - 5
Case :- SECOND APPEAL No. - 242 of 2021
Appellant :- Shrish Chandra Agrawal And Ors. Respondent :- Shailesh Chandra Agrawal And Anr. Counsel for Appellant :- Kuldeep Bajpai,Adnan Ahmad Counsel for Respondent :- Shobhit Nigam,Dharmendra Gupta
Hon'ble Rajnish Kumar,J.
An application for withdrawal of the second appeal has been filed by learned counsel for the appellants, which is taken on record.
Office to register the same and allot the number.
Heard Sri Adnan Ahmad, learned counsel for the appellants and Sri Shobhit Nigam, learned counsel for the respondents.
Learned counsel for the appellants submits that the parties have entered into compromise out of Court and in pursuance of the compromise, the payment has been made by the appellants to the respondents and the respondents have also executed the sale deed of their portion in favour of the appellants and the possession has also been handed over to the appellants. However, the compromise filed by the appellants could not be verified as the appellant nos. 2 and 3 could not appear as they are out of India. Therefore the appellants want to withdraw this second appeal as now nothing survives to be decided in this case and it may be dismissed accordingly.
Learned counsel for the respondents does not dispute that the payment has been made and the sale deed has been executed and the possession has been handed over and hence now there is no dispute between the parties. Therefore he has no objection to the prayer made by learned counsel for the appellants.
In view of above, the application is allowed. The Second Appeal No.242 of 2021 is dismissed as withdrawn.
Order Date :- 10.4.2024 Akanksha
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Shrish Chandra Agrawal And Ors.
Shailesh Chandra Agrawal And Anr.
Rajnesh Kumar
As recorded by the court registry
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