Allahabad High Court
Dinesh Kumar Tripathi vs State Of U.P. & Others on 15 July, 2010
Author: R.K. Agrawal
Bench: R.K. Agrawal, Abhinava Upadhya
Court No. - 32 Case :- SPECIAL APPEAL No. - 182 of 2005 Petitioner :- Dinesh Kumar Tripathi Respondent :- State Of U.P. & Others Petitioner Counsel :- J.N. Mishra Respondent Counsel :- C.S.C. Hon'ble R.K. Agrawal,J.
Hon'ble Abhinava Upadhya,J.
(Order on Civil Misc.Restoration/Recall Application No.178561 of 2010) The appeal was dismissed as withdrawn in view of Civil Misc.Withdrawal Application No. 86611 of 2005. However, prior to the order dated 5th May, 2010 dismissing the appeal as withdrawn, Civil Misc.Application No.113695 of 2010 was filed by the appellant seeking permission to withdraw the earlier application (Withdrawal Application No. 86611 of 2005) and to contest the appeal on merits. The application (Civil Misc.Application No.113695 of 2010) was not placed before the Court at the time when the order was passed. Now the application has been filed seeking recall of the order dated 5.5.2010.
Heard learned counsel for the parties.
Cause shown is sufficient to recall the order dated 5.5.2010. The order dated 5.5.2010 dismissing the appeal as withdrawn is hereby recalled and the appeal is restored to its original number. However, Civil Misc. Application No. 86611 of 2005 is dismissed as not pressed. List the appeal before the appropriate Court. It shall not be treated as tied up or part heard with this Bench and shall stand released from the order of assignment, if any. Order Date :- 15.7.2010 SKM Court No. - 32 Case :- SPECIAL APPEAL No. - 182 of 2005 Petitioner :- Dinesh Kumar Tripathi Respondent :- State Of U.P. & Others Petitioner Counsel :- J.N. Mishra Respondent Counsel :- C.S.C. Hon'ble R.K. Agrawal,J.
Hon'ble Abhinava Upadhya,J.
The appeal is restored to its original number.
For details see our order of date passed on Civil Misc.Restoration/Recall Application No.178561 of 2010.
Order Date :- 15.7.2010 SKM