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Allahabad High Court

SIDDHARTH TAPADIAversusMH. SHAHID AND OTHERS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant, Siddharth Tapadia, filed a first appeal against Order No. 1190 of 2010 before the Allahabad High Court. No counsel appeared on behalf of the appellant, and it was evident that the appellant was not interested in pursuing the appeal. The court noted the absence of prosecution and, consequently, dismissed the appeal for want of prosecution. The dismissal was recorded in the presence of the respondents' counsel. The interim order, if any, was discharged. The order was dated 1 May 2025.

Issues considered

  • Whether an appeal may be dismissed for want of prosecution when the appellant fails to appear before the court?

Subjects

  • appeal
  • want of prosecution
  • procedural dismissal
  • high court
  • civil procedure

Judgment

                                                                    Neutral Citation No. - 2025:AHC:69094

                                        Court No. - 48

                                        Case :- FIRST APPEAL FROM ORDER No. - 1190 of 2010

                                        Appellant :- Siddharth Tapadia
                                        Respondent :- Mh. Shahid And Others
                                        Counsel for Appellant :- Akhilesh Chandra Shukla
                                        Counsel for Respondent :- Ashok Kumar Jaiswal,Pradeep Kumar
                                        Sinha,Vibhuti Narain,Vidya Kant Shukla

                                        Hon'ble Vipin Chandra Dixit,J.

                                        List has been revised.

                                        No one is present on behalf of appellants to press this appeal.

                                        It appears that appellants are not interested to pursue this appeal.

                                        In view of above, this first appeal from order is dismissed for want
                                        of prosecution.

                                        This order has been passed in presence of Sri Vibhuti Narain, Sri
                                        Pradeep Kumar Sinha and Sri Vidya Kant Shukla, learned counsels
                                        for the respondents

                                        Interim order, if any, stands discharged.

                                        Order Date :- 1.5.2025
                                        PS




Digitally signed by :-
POOJA SHARMA
High Court of Judicature at Allahabad


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