Suresh Chandra Sachdeva vs Smt. Nirmala Gupta
2023 Latest Caselaw 23084 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:170137
 
Court No. - 7
 

 
Case :- FIRST APPEAL No. - 1 of 2008
 

 
Appellant :- Suresh Chandra Sachdeva
 
Respondent :- Smt. Nirmala Gupta
 
Counsel for Appellant :- Manish Goyal
 
Counsel for Respondent :- P.K. Srivastava,N.K. Srivastava
 

 
Hon'ble Dr. Yogendra Kumar Srivastava,J.

Heard learned counsel for the parties.

The instant appeal is directed against the judgment and decree dated 26.09.207 insofar as it relates to the dismissal of Original Suit No. 789 of 2004 filed by the plaintiff-appellant.

It is pointed out that in terms of the judgment under appeal, another suit being S.C.C. Suit No. 42 of 2004 filed by the respondent herein, had been decreed, and the same was assailed by the appellant by filing Civil Revision No. 403 of 2007.

The aforestated revision is stated to have been dismissed by an order dated 08.08.2023, upon a withdrawal application having been filed by the revisionist. The order dismissing the revision reads as follows:

"Ref:- Civil Misc. Withdrawal Application No.13 of 2023

1. The present withdrawal application has been filed by the revisionist supported by the affidavit of sole revisionist. It is stated in paragraph No.3 of the affidavit that during the pendency of the present revision, the parties have entered into a settlement/compromise dated 19.06.2023 and as per terms and conditions of the compromise, the possession of the property in dispute has been handed over to the respondent/opposite party and the opposite party has paid Rs.9,00,000/- to the revisionist, copy of the settlement/compromise dated 19.06.2023 is appended as Annexure No.1 to the affidavit and prays that the present revision be dismissed as withdrawn as per the terms and conditions of the compromise.

2. In view of the above, the present revision is dismissed as withdrawn as per terms and conditions of the aforesaid compromise."

Counsel for the appellant states that in view of the settlement/compromise dated 19.06.2023, which has been noticed by this Court while dismissing the revision, the appellant does not wish to pursue the present appeal any further.

The appeal stands dismissed accordingly.

Order Date :- 23.8.2023

Arun K. Singh

[Dr. Y.K. Srivastava, J.]