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Patna High Court

CHANDRA SHEKHAR MISHRA andANR.versusCHANDRADIP MAHTO and ANR

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The appeal is dismissed for want of prosecution.

Summary

An appeal (First Appeal No.751 of 1980) was filed before the Patna High Court by Chandra Shekhar Mishra and another against Chandradip Mahto and another. No counsel appeared on behalf of either party at the hearing dated 25-03-2026. The court noted that even on the previous hearing dated 08-05-2023, the appellants were not represented. It was observed that the appellants appeared to have lost interest in pursuing the matter. Consequently, the court dismissed the appeal for want of prosecution.

Issues considered

  • What is the appropriate course of action when an appellant fails to appear or prosecute an appeal?

Subjects

  • appeal
  • procedural law
  • want of prosecution
  • non-appearance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  FIRST APPEAL No.751 of 1980
                  ======================================================
                  CHANDRA SHEKHAR MISHRA and ANR.

                                                                        ... ... Appellant/s
                                          Versus
                  CHANDRADIP MAHTO and ANR

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :    None
                  For the Respondent/s   :    None
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

20   25-03-2026                  None appears on behalf of either of the parties.

                                2. Even on the last occasion i.e. on 08.05.2023, no one

                    had appeared on behalf of the appellants. It appears that the

                    appellants have lost interest in pursuing the matter.

                                3. In view of the above, the appeal is dismissed for

                    want of prosecution.



                                                         (Rudra Prakash Mishra, J)
Rajorshi/-

U


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