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Allahabad High Court

SHARAD AGARWALversusSRIKANT SHARMA SINCE DECEASED AND 2 OTHERS

Decided

Holding

The appeal was dismissed as withdrawn.

Summary

The appellant, Sharad Agarwal, filed a first appeal against the order dated 2026. The respondent raised a preliminary objection concerning the maintainability of the appeal. The appellant's counsel indicated a willingness to withdraw the appeal and seek alternative remedies. The court accepted the withdrawal and dismissed the appeal accordingly. No substantive merits of the dispute were addressed.

Subjects

  • withdrawal of appeal
  • maintainability
  • preliminary objection

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      FIRST APPEAL FROM ORDER No. - 844 of 2026

                                    Sharad Agarwal
                                                                                              .....Appellant(s)
                                                                       Versus

                                    Srikant Sharma Since Deceased And 2 Others
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)          : Anil Kumar Pathak, Devansh Misra
                                    Counsel for Respondent(s)         :

                                    Court No. - 7
                                                          HON'BLE PIYUSH AGRAWAL, J.

                                    Heard Mr. Devansh Mishra, learned counsel for the appellant and
                                    Mr. Pramod Jain, learned Senior Counsel assisted by Mr. Abhijeet
                                    Mishra, learned counsel for the respondent.

                                    Mr. P. K. Jain, learned Senior Counsel raises a preliminary objection with
                                    regard to maintainability of the present appeal.

                                    Confronted with the said fact, Mr. Devansh Mishra, learned counsel for
                                    the appellant states that the appellant may be permitted to withdraw the
                                    present appeal with liberty to avail of the alternative remedy available
                                    under the law.

                                    In view of above, the present appeal is dismissed as withdrawn with the
                                    liberty prayed herein above.

                                    Certified copy of the impugned orders, if any, shall be returned to the
                                    counsel for appellant after retaining its photostat copy.



                                                                                         (Piyush Agrawal,J.)
                                    April 8, 2026
                                    Rahul Dwivedi/-




Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad


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