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Allahabad High Court

MUKESH KUMARversusMUNNA LAL AND 2 OTHERS

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

Holding

The appeal is dismissed for want of prosecution.

Summary

Mukesh Kumar filed a first appeal against the order dated 2023. No counsel appeared on behalf of the appellant to press the appeal, and no request for adjournment was made. The High Court dismissed the appeal for want of prosecution. Consequently, any interim order that may have been in force was vacated. The order was pronounced by Justice Rajnish Kumar on 22 August 2024.

Issues considered

  • Whether an appeal may be dismissed for want of prosecution when the appellant fails to appear and no adjournment is sought

Subjects

  • appeal
  • want of prosecution
  • civil procedure

Judgment

                                                                                    Neutral Citation No. - 2024:AHC-LKO:57348




                                         Court No. - 6

                                         Case :- FIRST APPEAL FROM ORDER No. - 224 of 2023

                                         Appellant :- Mukesh Kumar
                                         Respondent :- Munna Lal And 2 Others
                                         Counsel for Appellant :- Anuj Dayal,Yogesh Kumar Dixit
                                         Counsel for Respondent :- Pradeep Kumar Rai

                                         Hon'ble Rajnish Kumar,J.

                                         List is being revised. None is present on behalf of the appellant
                                         to press the appeal. There is no request of pass over or
                                         adjournment of the case.
                                         The First Appeal From Order is dismissed for want of
                                         prosecution.
                                         Interim order, if any, stands vacated.
                                         .
                                         .......................................(Rajnish Kumar,J.)
                                         Order Date :- 22.8.2024
                                         Banswar




Digitally signed by :-
RAM NARESH BANSWAR
High Court of Judicature at Allahabad,
Lucknow Bench


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