Prashant Vashistha & Anr. v. Rajeev Kumar Agrawal
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Withdrawn
As such, instant appeal is dismissed as withdrawn with liberty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
- Code of Civil Procedure, 1908 O. XXI rr. 97, 99, 101
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 As such, instant appeal is dismissed as withdrawn with liberty as prayed for.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.
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.
Stamp Reporter has raised objection regarding maintainability of the present appeal against the order passed by the District Judge in misc. appeal.
After due deliberations at length, learned counsel for the appellants prays for to dismiss the instant F.A.F.O. as withdrawn with liberty to resort to appropriate remedy available under the law.
There is no oppose to the prayer so made.
Operative part
As such, instant appeal is dismissed as withdrawn with liberty as prayed for.
Office is directed to return the certified copy of the judgment after retaining its photostat copy at the relevant place.
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The Court recorded the following disposition: As such, instant appeal is dismissed as withdrawn with liberty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.