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SMT. RATNA versus U.P. STATE

High Court of Judicature at Allahabad

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Smt. Ratna v. U.P. State - SECOND APPEAL No. 2181 of 1983 [2007] RD-AH 14211 (19 August 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 48

Second Appeal No. 2181 of 1983

Smt. Ratna Savlani (since deceased,

now Legal Representative

No. 1/1/1 Ramesh Savlani).............................Plaintiff-Appellant.

Versus

The U.P.State Industrial Corporation

Ltd. and another .......................................Defendants-Respondents.

******

Hon'ble S.P. Mehrotra, J.  

Sri Manish Goyal, learned counsel for the plaintiff-appellant No. 1/1/1 (Ramesh Savlani) states that the plaintiff-appellant No.1/1/1 does not want to press the Second Appeal any further, and the same may be dismissed, as not pressed.

Civil Misc.(Withdrawal) Application No. 131373 of 2006 has also been filed in this regard on behalf of the plaintiff-appellant No. 1/1/1.

The said Application is supported by an Affidavit, sworn by one Inderjeet Singh on 5th July, 2006.

It is, inter-alia, stated in the said Affidavit that during the pendency of the present Second Appeal, the dispute with respect to the property in question, has been resolved, and there is no further relief, which remains pending to be claimed by the plaintiff-appellant No. 1/1/1.

In view of the statement made by Sri Manish Goyal, learned counsel for the plaintiff-appellant No. 1/1/1 and also in view of the averments made in the aforementioned Withdrawal Application and its supporting Affidavit, the Second Appeal is dismissed, as not pressed.

The interim order dated 27-9-1983 as confirmed by the order dated 11th July, 2005, is hereby vacated.

It is made clear that no liberty is being given to the plaintill-appellant No. 1/1/1 to file a fresh Second Appeal on the same cause of action.

The records of the courts below, if received in this Court, will be sent back forthwith.

The aforementioned Withdrawal Application stands disposed of accordingly.

Dt.19-08-2006/AK


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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