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Allahabad High Court

MEERUT NAGAR NIGAMversusBABURAM AND 3 OTHERS

Decided

Holding

The petition is dismissed as withdrawn with liberty to file a second appeal.

Summary

The Meerut Nagar Nigam filed a petition under Article 227 challenging a civil appeal in which its application under Section 5 of the Limitation Act had been rejected, effectively dismissing the appeal. The petitioner’s counsel sought to withdraw the petition, requesting liberty to file a second appeal. The High Court considered the request and found no impediment to allowing the withdrawal. Consequently, the Court dismissed the petition as withdrawn, granting the petitioner liberty to pursue a second appeal. The certified copy of the judgment was ordered to be returned to the petitioner’s counsel within 48 hours.

Issues considered

  • Whether a petition under Article 227 may be withdrawn when the underlying civil appeal has been dismissed.
  • Whether the court may grant liberty to file a second appeal after such withdrawal.

Legislation cited

Subjects

  • Article 227
  • Limitation Act
  • Section 5
  • withdrawal of petition
  • second appeal
  • civil appeal dismissal
  • supervisory jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13329 of 2026

                                    Meerut Nagar Nigam
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    Baburam And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Namit Kumar Sharma
                                    Counsel for Respondent(s)                   :

                                    Court No. - 9
                                                     HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. At the very outset, learned counsel for the petitioner states that he want
                                    to withdraw this petition with liberty to file second appeal as the
                                    application under Section 5 of the Limitation Act moved in the civil
                                    appeal has been rejected, which amounts to dismissal of the civil appeal.

                                    2. In view of the said fact, the petition stands dismissed as withdrawn
                                    with the liberty as prayed for.

                                    3. Office to returned the certified copy of the judgment to the petitioner's
                                    counsel within 48 hours.



                                                                                     (Rohit Ranjan Agarwal,J.)
                                    September 23, 2026
                                    A. V. Singh




Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad


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