Harihar (Dead) Thru. 1/1. Patau Devi and Others v. Mahendra Prasad and 2 Others
Case brief
What is this about?
Second Appeal No. 36 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 4), decided 28.2.2025 by Hon'ble Rajnish Kumar, J.; Neutral Citation 2025:AHC-LKO:12361. Appellants: Harihar (Dead) Thru. 1/1. Patau Devi and others; Respondents: Mahendra Prasad and 2 others; counsel listed for appellant: Mata Prasad Yadav and Utkarsh Yadav (submission in body made by 'Shri M.P.Yadav, learned counsel for the appellant'). Keywords: dismissal of second appeal as not pressed; withdrawal of appeal; appeal filed under wrong provision — Section 100 CPC versus Order XLIII Rule 1(u) CPC 1908; liberty to file fresh appeal under correct provision; return of certified copies to counsel; procedural/miscellaneous order; no precedent discussed; no monetary amount.
What did the court decide?
Second Appeal dismissed as not pressed, with liberty to file a fresh appeal under the correct provision; certified copies annexed with the appeal to be returned to learned counsel for the appellant in accordance with law after keeping photocopy on record.