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Allahabad High Court

SMT SHALINI TOMARversusASHWANI KUMAR

Decided

Holding

The appeal is dismissed as withdrawn.

Summary

The appellant, Smt. Shalini Tomar, filed an appeal (First Appeal No. 619 of 2024) against Ashwani Kumar. The appellant later filed a civil miscellaneous withdrawal application (No. 3 of 2026) seeking to withdraw the appeal. The High Court, after hearing counsel, allowed the withdrawal application. Consequently, the appeal was dismissed as withdrawn. No substantive merits of the original dispute were addressed, and the order merely records the procedural withdrawal.

Issues considered

  • Whether the appellant is permitted to withdraw the appeal under the Civil Procedure Code

Subjects

  • withdrawal of appeal
  • civil procedure
  • appeal dismissed
  • procedural order

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          FIRST APPEAL No. - 619 of 2024

                                    Smt. Shalini Tomar
                                                                                              .....Appellant(s)
                                                                      Versus

                                    Ashwani Kumar
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)                   :   Santosh Kumar Gupta
                                    Counsel for Respondent(s)                  :   Suneel Kumar Mishra

                                    Court No. - 2
                                                       HON'BLE J.J. MUNIR, J.
                                                       HON'BLE INDRAJEET SHUKLA, J.

                                    (Order on Civil Misc. Withdrawal Application No. 3 of 2026)


                                    Heard Mr. Awadhesh Vishwakarma, Advocate holding brief of Mr.

                                    Santosh Kumar Gupta, learned Counsel for the appellant-applicant in

                                    support of this application.


                                    The application is allowed, and accordingly, the appeal stands dismissed

                                    as withdrawn.


                                    (Order on the memo of Appeal)


                                    Dismissed as withdrawn.


                                    For orders, see our order of date passed in Civil Misc. Withdrawal

                                    Application No. 3 of 2026.



                                                                       (Indrajeet Shukla,J.) (J.J. Munir,J.)
                                    September 29, 2026
                                    I. Batabyal




Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad


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