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Allahabad High Court

ALOK KUMAR SINGHversusARTI SINGH

Decided

Holding

The court allowed the withdrawal of the appeal and dismissed it as withdrawn.

Summary

Alok Kumar Singh filed an appeal against a decree and later, through his counsel Lavlesh Kumar Shukla and Mahesh Kumar, expressed that he no longer wished to pursue the appeal. The appellant filed a withdrawal application (Civil Misc. Withdrawal Application No. 04 of 2025) before the Allahabad High Court. The court examined the request and, finding no objection, allowed the withdrawal. Consequently, the appeal was dismissed as withdrawn. The order was pronounced by Judges Atul Sreedharan and Vivek Saran on May 12, 2026.

Issues considered

  • Whether an appeal can be withdrawn by the appellant at any stage before the decree is passed
  • Whether the court may dismiss the appeal as withdrawn upon the appellant's request

Subjects

  • withdrawal of appeal
  • civil procedure
  • high court
  • dismissal
  • appeal as withdrawn

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    FIRST APPEAL DEFECTIVE No. - 424 of 2024

                                    Alok Kumar Singh
                                                                                             .....Appellant(s)
                                                                     Versus

                                    Arti Singh
                                                                                           .....Respondent(s)

                                    Counsel for Appellant(s)      : Lavlesh Kumar Shukla, Mahesh Kumar
                                    Counsel for Respondent(s)     :


                                    Court No. - 2
                                                      HON'BLE ATUL SREEDHARAN, J.
                                                      HON'BLE VIVEK SARAN, J.

                                    Re: Civil Misc. Withdrawal Application No. 04 of 2025

                                    1. Sri Lavlesh Shukla, learned counsel for the applicant-appellant states
                                    that the appellant does not want to press this appeal and the same may be
                                    dismissed as withdrawn.

                                    2. Under the circumstances, the withdrawal application is allowed and the
                                    appeal is dismissed as withdrawn.



                                                                     (Vivek Saran,J.) (Atul Sreedharan,J.)
                                    May 12, 2026
                                    Noman




Digitally signed by :-
NOMAN AHMAD
High Court of Judicature at Allahabad


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