Allahabad High Court
Shailesh Kumar vs Smt. Vibha Gupta on 22 July, 2022
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5412 of 2022 Petitioner :- Shailesh Kumar Respondent :- Smt. Vibha Gupta Counsel for Petitioner :- Shashi Prakash Rai,Shrinath Counsel for Respondent :- Sanjeev Mishra Gana Hon'ble Vipin Chandra Dixit,J.
Heard Sri Shashi Prakash Rai, learned counsel alongwith Sri Shrinath Dwivedi, Advocate for the petitioner and Dr. Shiv Bahadur Singh, learned counsel alongwith Sri Anand Kumar Srivastava, Advocate for the respondent.
After arguing at some length, learned counsel for the petitioner has submitted that this petition may be dismissed as withdrawn with liberty to file appeal under section 96 C.P.C.
Learned counsel appearing for the respondent has no objection to the prayer made by the learned counsel for the petitioner.
Learned counsel for the petitioner undertakes that he will file appeal challenging impugned order dated 4.5.2022 within a period of ten days from today.
In view of above the instant petition is dismissed as withdrawn.
However, if the appeal is filed by the petitioner within ten days from today, lower appellate Court/Court concerned is directed to decide the same within three months from the date of filing of the appeal after affording opportunity of hearing to both the parties and without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.
Order Date :- 22.7.2022 P.P.