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Allahabad High Court

MANOJ KUMAR ALIAS PINKIversusORIENTAL INSURANCE COMPANY LIMITED AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to the petitioner to file a first appeal.

Summary

Manoj Kumar alias Pinki filed a writ petition before the Allahabad High Court. His counsel, Sri Lavkush Kumar Bhatt, sought to withdraw the petition while seeking liberty to file an appropriate application in a first appeal against Order No.1175 of 2025. The respondents, represented by C.S.C., raised no objection to the withdrawal. The court examined whether a writ petition could be withdrawn with such liberty. It allowed the withdrawal and dismissed the writ petition, granting the petitioner freedom to pursue a first appeal. Consequently, the petition stands dismissed as withdrawn.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to file a first appeal against the impugned order?

Subjects

  • withdrawal of writ petition
  • first appeal
  • civil procedure
  • high court
  • Allahabad

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 17892 of 2026

                                    Manoj Kumar Alias Pinki
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    Oriental Insurance Company Limited And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Lavkush Kumar Bhatt
                                    Counsel for Respondent(s)                    :   C.S.C.

                                    Court No. - 5
                                                        HON'BLE VIKAS BUDHWAR, J.

                                    1. Sri Vyas Kumar Prasad holding brief of Sri Lavkush Kumar Bhatt,
                                    learned counsel for the petitioner seeks withdrawal of the present writ
                                    petition with liberty to avail the remedy of preferring appropriate application
                                    in First Appeal From Order No.1175 of 2025, Manoj @ Pinki and two
                                    others vs. Kiran and 7 others.

                                    2. Sri Sanjay Kumar, learned Addl. Chief Standing Counsel has no objection
                                    to the same.

                                    3. Accordingly, the writ petition is dismissed as withdrawn with the
                                    aforesaid liberty.

                                    May 6, 2026
                                    N.S.Rathour

                                                                                             (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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