Patna High Court
Umesh SinghversusSmt. Gunja Devi
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- R P MISHRA
Holding
The appeal is dismissed for non‑prosecution due to the appellants' failure to comply with the court's orders.
Summary
Umesh Singh and Dinesh Singh filed a first appeal (No.67 of 2022) before the Patna High Court against six respondents. No counsel appeared for either side, and the parties remained absent throughout the proceedings. The court had earlier, on 6 February 2026, granted the appellants six weeks to comply with an order dated 24 November 2025, which they failed to do. A further extension of one month was given on 23 March 2026, but the appellants still did not comply. Observing that the appellants had lost interest in pursuing the matter, the court dismissed the appeal for non‑prosecution, concluding that the failure to comply with procedural orders warranted dismissal.
Issues considered
- Whether an appeal may be dismissed for non‑prosecution when the appellants fail to comply with court orders.
Subjects
- appeal
- non-prosecution
- procedural default
- civil procedure
- court orders
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.67 of 2022
======================================================
1. Umesh Singh son of Late Mathura Prasad Singh, Resident of Village Berhna
Saidpur, P.S.- Barh, District- Patna.
2. Dinesh Singh son of Late Mathura Prasad Singh, Resident of Village Berhna
Saidpur, P.S.- Barh, District- Patna.
... ... Appellant/s
Versus
1. Smt. Gunja Devi wife of Late Jugal Singh, resident of Village Aunta, P.S.-
Mokama, District- Patna.
2. Smt. Mithilesh Devi wife of Pramod Singh, resident of village Moldiar Tola,
Mokama, P.S. - Mokama, District- Patna.
3. Smt. Geeta Devi wife of Rabindra Singh, resident of Village Magalpura, P.S.
- Bakhtiarpur, District- Patna.
4. Smt. Reeta Devi wife of Baban Singh, resident of village Auta, P.S. -
Mokama, District- Patna.
5. Smt. Kavita Devi wife of Surendra Singh, resident of Village Aunta, P.S.-
Mokama, District- Patna.
6. Smt. Anita Devi wife of Jitendra Singh, resident of Village- Shankarwar
Tola, Mokama, P.S. - Mokama, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
9 22-04-2026 None appeared on behalf of the parties.
2. Earlier, on 06.02.2026, on the prayer of learned
counsel for the Appellants, six weeks’ time was granted to
comply the order dated 24.11.2025, but the said order has not
been complied. Thereafter, on 23.03.2026 none appeared on
behalf of the parties, but in the interest of justice one month’s
further time was granted to the appellants to comply with the
Patna High Court FA No.67 of 2022(9) dt.22-04-2026
2/2
earlier orders passed in this case. It appears that the appellants
have lost interest in pursing the matter.
3. In view of the above, the appeal is dismissed for
non-prosecution.
(Rudra Prakash Mishra, J)
manish/-
U
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