Shiv Dulare And 4 Others vs Tejawa
2023 Latest Caselaw 7881 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- SECOND APPEAL No. - 115 of 2023
 

 
Appellant :- Shiv Dulare And 4 Others
 
Respondent :- Tejawa
 
Counsel for Appellant :- Rajendra Prasad Pandey,Rakesh Kumar Pandey
 

 
Hon'ble Dinesh Pathak,J.

In pursuance of the order dated 14.03.2023, Stamp Reporter has submitted report dated 16.03.2023 to the effect that instant second appeal, filed against the order of dismissal of civil appeal as abated passed by the first appellate court owing to the rejection of the substitution application as well as the application under Section 5 of Limitation Act, is not maintainable in the eye of law in view of the ratio decided by this Court in Second Appeal No. 182 of 2017, Central Council, Radhasoami Satsang & 21 Ors. Vs. Dr. D.K. Hazra decided on 22.02.2017 [2017(5) A.D.J. 528]. In view of the report submitted by Stamp Reporter as above, counsel for the appellant has prayed to dismiss the instant appeal as withdrawn with liberty to avail appropriate remedy as available under the law against the order passed by the first appellate court.

In this conspectus as above, instant second appeal is dismissed as withdrawn with liberty to the appellant to avail appropriate remedy as available under the law against the order passed by the first appellate court by which appeal has been dismissed as abated due to rejection of the substitution application as well as the application for condonation of delay under Section 5 of Limitation Act.

Office is directed to return the certified copy of the judgment and decree passed by the courts below to the counsel for the appellant after retaining it's photostat copy at the relevant place.

Order Date :- 17.3.2023

S.Ahmad