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2025 DAILYLAW 174982 (ALL)

BIRPAL SINGH (VEERPAL SINGH) v. UNION OF INDIA THRU. ITS SECY. MINISTRY OF DEFENCE GOVT. OF INDIA AND 4 OTHERS

CMRAD/208/2023 · 2025-10-30

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 208 of 2023 Court No. - 7 HON'BLE MANISH MATHUR, J. Order on application for condonation of delay (C.M. Application No. 1 of 2023) Heard learned counsel for review applicant and Mr.Vinay Tripathi, learned counsel for all opposite parties. Review application has been filed against judgment and order dated 05.07.2023 passed in Writ-A No. 3493 of 2023. Office has reported a delay of 53 days as on 26.09.2023. No objections to the application have been filed till date. Cause shown in affidavit filed in support of an application for condonation of delay is sufficient and therefore, the application is allowed and delay in preferring review application is condoned. Order on memo of review application A perusal of aforesaid judgment indicates that writ petition has been dismissed in absence of learned counsel for petitioner who did not appear to press the petition even in revised call. The judgment has thereafter been passed dismissing writ petition on the ground of laches of 22 years. At the very outset, learned counsel for review applicant, on the basis of Versus Counsel for Applicant(s) : Alok Kumar Tripathi Counsel for Opposite Party(s) : Sudhanshu Chauhan Birpal Singh (Veerpal Singh) .....Applicant(s) Union Of India Thru. Its Secy. Ministry Of Defence Govt. Of India And 4 Others .....Opposite Party(s) instructions, submits that he does not wish to press the review application with liberty to file an appeal against judgment and order dated 05.07.2023. In view of aforesaid submissions, review application is dismissed as withdrawn with the aforesaid liberty. October 30, 2025 lakshman CMRAD No. 208 of 2023 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench