Second appeal withdrawn by appellant as inadvertently filed; dismissed as not pressed with Rs. 2,000 cost payable to respondent, recoverable as arrears of land revenue if unpaid.
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Court No. - 4
Case :- SECOND APPEAL DEFECTIVE No. - 67 of 2024
Appellant :- Aleyar Respondent :- Mohammad Hasan And Others Counsel for Appellant :- Sunil Dixit,Dilip Kumar Pandey Counsel for Respondent :- Sultan Hasan Ibrahim,Syed Ahmad Abbas Zaidi
Hon'ble Rajnish Kumar,J.
Shri Dilip Kumar Pandey, learned counsel for the appellant submits that the appeal may be dismissed as withdrawn as it has inadvertently been filed whereas earlier the appeal was filed against the impugned judgment and decree because the appellant is an old person and he is short of memory.
Shri Sultan Hasan Ibrahim, learned counsel for the respondents submits that on account of this appeal filed by the appellant, the respondent has to suffer not only mentally but financially also, therefore, it may be permitted to be withdraw on some cost.
Learned counsel for the appellant submits that he is ready to pay some cost.
In view of above, the appeal is dismissed as not pressed on a cost of Rs. 2000/-, which shall be deposited by learned counsel for the appellant before this Court within a period of two weeks, which may be withdrawn by the appellant.
If the cost in not deposited within two weeks, it shall be recovered by Senior Registrar of this Court as arrears of land revenue.
Order Date :- 12.11.2024 Raj
Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
Aleyar
Mohammad Hasan
Rajnish Kumar
As recorded by the court registry
5 orders share this CNR
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