Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 186383 (ALL)

M/S PRAGYA DEVELOPERS and BUILDERS P LTD.LKO.THRO.DIR. v. DINESH CHANDRA AND ORS.

SAPL/300/2013 · 2025-11-20

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SECOND APPEAL No. - 300 of 2013 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. Order on Civil Misc. Withdrawal Application No. Nil of 2025 1. Heard Sri Sajjad Hussain, learned counsel for the appellant who has filed his Vakalatnama on behalf of the appellant along with application for withdrawal of the present Second Appeal. The same is taken on record. 2. By means of the present appeal, the appellant prayed for the following relief: "To allow the instant appeal as well as the First Appeal viz. Regular Civil Appeal No. 207 of 2013 with cost throughout against the respondents by setting aside the judgment and decree dated 22.10.2008 passed in Regular Suit No. 647 of 2006 (Dinesh Chandra & another vs. Rinku Prasad Sharma & another) by the Court of Civil Judge (Senior Division), Lucknow and the judgment and decree passed in Regular Civil Appeal No.207 of 2013 (M/s. Pragya Developers vs. Dinesh Chandra & others) by the Court of District Judge, Lucknow and simultaneously to dismiss the Regular Suit No.647 of 2006 (Dinesh Chandra & another vs. Rinku Prasad Sharma & another)." 3. Sri Sajjad Hussain, learned counsel appearing on behalf of appellant submits that the instant Second Appeal No. 300 of 2013 was filed by the appellant-Company, then known as M/s. Pragya Developers And Builders Limited through its Director Sri Chandra Dev Gautam. He submits that the name of the appellant-Company has now been changed in the records of the Registrar of Companies, Kanpur and a fresh certificate of incorporation pursuant to change of name was issued on 22.05.2018, whereby the company is now known as M/s. Leetov Real Estate Limited (CIN: U45201UP2001PLC026295). 4. It is stated by the learned counsel for the appellant that on mutual understanding Versus Counsel for Appellant(s) : Rama Shanker Singh, Nirmit Srivastava, Rajesh Kumar Srivastava Counsel for Respondent(s) : Shesh Verma M/S Pragya Developers And Builders P Ltd.Lko.Thro.Dir. .....Appellant(s) Dinesh Chandra And Ors. .....Respondent(s) between the contesting parties, the appellant-Company under its present name M/s. Leetov Real Estate Limited does not wish to pursue the present appeal any further and therefore seeks permission of this Court to withdraw the same. 5. In paragraph no.8 of the affidavit filed in support of the withdrawal application, it is stated that the appellant undertakes not to raise or pursue any claim or relief arising out of the subject matter of this appeal before any other court or authority hereafter. 6. By means of the instant withdrawal application, the applicant-appellant has prayed for the following reliefs: "(a). To permit the appellant to withdraw the present Second Appeal No. 300 of 2013 in view of the manual understanding between the contesting parties. (b). Take on record the change of name of the appellant company from M/s. Pragya Developers and Builders Limited to M/s. Leetov Real Estate Limited." 7. The instant application bears the endorsement dated 19.11.2025 made by Sri Shesh Verma, learned counsel for the respondent to the effect that "I have no objections for allowing this application". 8. Sri Piyush Chhokra holding brief of Sri Shesh Verma, learned counsel for the respondents very categorically stated before this Court that he has no objection against withdrawal of the above noted appeal. 9. In view of above, the present application for withdrawal of the appeal is allowed. 10. Office is directed to allot regular number to the present withdrawal application dated 17.11.2025. Order on Memo of Appeal Since the application for withdrawal of the appeal has been allowed, the present Second Appeal is dismissed as withdrawn. November 20, 2025 Abhishek Gupta SAPL No. 300 of 2013 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench