The Allahabad High Court has reiterated that where parties settle their dispute during the pendency of an appeal, the appeal may be withdrawn and dismissed on the basis of such compromise. This judgment follows established precedent, confirming the court’s consistent approach and is binding within its jurisdiction, particularly relevant to real estate regulation (RERA-related matters).
Summary
| Category | Data |
|---|---|
| Case Name | RERAD/59/2025 of UPPAL CHADHA HI TECH DEVELOPERS PVT. LTD. THRU. AUTHORISED REPRESENTATIVE RAM PRAVESH TIWARI Vs RUCHI JAIN |
| CNR | UPHC020515832025 |
| Date of Registration | 09-07-2025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISMISSED AS WITHDRAWN |
| Judgment Author | PANKAJ BHATIA, J. |
| Court | Allahabad High Court |
| Bench | Single Judge (Pankaj Bhatia, J.) |
| Precedent Value | Binding within Allahabad High Court and subordinate courts |
| Type of Law | Procedural Law (Appeals under RERA, withdrawal/disposal procedure) |
| Ratio Decidendi |
The court considered an application seeking withdrawal of an appeal on grounds of a compromise between the parties. The court allowed the application and dismissed the appeal as withdrawn in terms of the said compromise. This illustrates the court’s practice of permitting consensual resolution and withdrawal of pending proceedings upon settlement. |
| Facts as Summarised by the Court | An application was filed seeking withdrawal of the appeal due to a compromise between the parties dated 06.03.2025. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under Allahabad High Court jurisdiction |
| Persuasive For | Other High Courts and authorities in RERA-related disputes involving compromises |
What’s New / What Lawyers Should Note
- Confirms that the High Court permits consensual withdrawal and dismissal of appeals when parties record a settlement and apply for withdrawal.
- Establishes that a formal application referencing the compromise enables summary disposal of the appeal.
- Lawyers can cite this order in support of applications seeking withdrawal of appeals upon settlement in similar contexts, especially under RERA.
Summary of Legal Reasoning
- The court considered an application referencing a compromise dated 06.03.2025 entered into between the parties.
- Upon perusal of the application and agreement between the parties, the court found the request to withdraw genuine and allowed the application.
- The appeal was accordingly dismissed as withdrawn based on the settlement.
- The decision reflects the court’s recognition of party autonomy and the enforceability of consensual resolutions in appellate proceedings.
Arguments by the Parties
Petitioner (Appellant):
- Filed an application seeking permission to withdraw the appeal in view of a compromise dated 06.03.2025 between the parties.
Respondent:
- No arguments recorded in the judgment.
Factual Background
An appeal had been filed before the Allahabad High Court in a RERA-related matter. During the pendency of the appeal, the parties reached a compromise on 06.03.2025. Subsequently, the appellant applied to the court to withdraw the appeal based on this compromise.
Statutory Analysis
The judgment did not specify or interpret any statutory provisions. Its focus was limited to the procedural aspect of withdrawal of appeal upon settlement.
Dissenting / Concurring Opinion Summary
No concurring or dissenting opinions are recorded in this judgment.
Alert Indicators
- ✔ Precedent Followed – The judgment reaffirms established High Court practices regarding withdrawal of appeals.