Smt. Hemlata Yadav And Another vs Smt. Phoolmati And 5 Others
2022 Latest Caselaw 22103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- SECOND APPEAL No. - 1093 of 2022
 

 
Appellant :- Smt. Hemlata Yadav And Another
 
Respondent :- Smt. Phoolmati And 5 Others
 
Counsel for Appellant :- Pratap Vikram Singh
 
Counsel for Respondent :- Jagdish Prasad Mishra
 

 
Hon'ble Dinesh Pathak,J.

Instant second appeal has been filed on behalf of Smt. Hemlata Yadav and another (defendants) who are the purchaser pendente lite on the basis of the registered sale deed dated 19.09.2007 said to have been executed by Atar Singh and Man Singh (defendants). Original Suit No. 793 of 2019 filed by the plaintiffs-respondents has been partly decreed. However, challenging the said decree, three appeals were preferred; Civil Appeal No. 76 of 2014 was filed by the defendant; Civil Appeal No. 31 of 2011 was filed on behalf of the plaintiff and Civil Appeal No. 32 of 2011 was filed on behalf of the present appellants (vendees of Atar Singh and Man Singh).

At this juncture, present appellants have preferred two separate second appeals assailing the common judgment and decree passed by the first appellate court in Civil Appeal No. 31 of 2011 and 32 of 2011.

After due deliberations at length, learned counsel for the defandants-appellants has prayed to dismiss the present appeal as withdrawn, which has been filed against the judgment and decree of the first appellate court passed in Civil Appeal No. 31 of 2011 in the eventuality that the present appellant has already filed second appeal assailing the order of the first appellate court passed in his Civil Appeal No. 32 of 2011.

There is no oppose on behalf of the respondents to the prayer as made by the counsel for the appellants.

As such, the instant appeal is dismissed as withdrawn.

Order Date :- 20.12.2022

Pkb/