Allahabad High Court
MEERUT NAGAR NIGAMversusBABURAM AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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The petition is dismissed as withdrawn with liberty to file a second appeal.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 Consequently, the Court dismissed the petition as withdrawn, granting the petitioner liberty to pursue a second appeal.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- Whether a petition under Article 227 may be withdrawn when the underlying civil appeal has been dismissed.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
- Limitation Act, 1963 — s. 5
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 In view of the said fact, the petition stands dismissed as withdrawn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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