✦ Allahabad High Court · 27 Feb 2025

Prashant Vashistha & Anr. v. Rajeev Kumar Agrawal

DISTRICT

Case at a glance

Order date
27 Feb 2025
Bench
DISTRICT
Neutral citation
2025:AHC:27442

Outcome

Withdrawn

As such, instant appeal is dismissed as withdrawn with liberty

Provisions considered

Key paragraphs

  • Para 55. As such, instant appeal is dismissed as withdrawn with liberty as prayed for.

Judgment

Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1091 of 2024 Appellant :- Prashant Vashistha And Another Respondent :- Rajeev Kumar Agrawal Counsel for Appellant :- Sachin Kumar Sharma Counsel for Respondent :- Rajesh Kumar Yadav Hon'ble Dinesh Pathak,J.

1.

Instant F.A.F.O. has been filed under Order XLIII Rule 1 (j) C.P.C. assailing the order dated 28.08.2024 passed by the learned District Judge whereby misc. appeal filed on behalf of the present appellants against the order dated 07.08.2024 dismissing the application under Order XXI Rules 97, 99 & 101 C.P.C. has been rejected.

2.

Stamp Reporter has raised objection regarding maintainability of the present appeal against the order passed by the District Judge in misc. appeal.

3.

After due deliberations at length, learned counsel for the appellants prays for to dismiss the instant F.A.F.O. as withdrawn with liberty to resort to appropriate remedy available under the law.

4.

There is no oppose to the prayer so made.

Operative part

5.

As such, instant appeal is dismissed as withdrawn with liberty as prayed for.

6.

Office is directed to return the certified copy of the judgment after retaining its photostat copy at the relevant place.

7.

It is clarified that before resorting to another remedy, as available under the law, learned counsel for the appellants is directed to serve notice to learned counsel for the respondent. Order Date :- 27.2.2025 VR

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: As such, instant appeal is dismissed as withdrawn with liberty

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908 — O. XXI rr. 97, 99, 101.

Which court decided this case, and when?

Allahabad High Court, on 27 Feb 2025. The bench was DISTRICT.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Allahabad High Court or eCourts case status. ← Search more judgments