Allahabad High Court
MALKHAN SINGHversusPRAMOD KUMAR and 3 OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- PRASHANT KUMAR
Holding
The appeal is dismissed for want of prosecution and the interim order is vacated.
Summary
Malkhan Singh filed a first appeal against Order No. 270 of 2017. The appellant failed to appear before the court and made no request for adjournment or to press the appeal. The court noted the absence of any prosecution of the appeal. Consequently, the bench dismissed the appeal for want of prosecution. The interim order, if any, that was in force was vacated. No substantive merits of the dispute were addressed.
Issues considered
- What is the appropriate course of action when an appellant does not appear and makes no request to prosecute the appeal?
Subjects
- appeal dismissed
- want of prosecution
- interim order vacated
- procedural law
- civil procedure
Judgment
Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 270 of 2017
Appellant :- Malkhan Singh
Respondent :- Pramod Kumar And 3 Others
Counsel for Appellant :- Arun Saxena
Counsel for Respondent :- Sumayya Kidwai,Zafar Aziz
Hon'ble Rajnish Kumar,J.
List is being revised.
None is present for the appellant to press this appeal nor there is
any request to adjourn or pass over the case.
Accordingly, the appeal is dismissed for want of prosecution.
Interim order, if any, stands vacated.
...................................................................(Rajnish Kumar, J.)
Order Date :- 27.9.2024
Haseen U.
Digitally signed by :-
HASEENUDDIN
High Court of Judicature at Allahabad,
Lucknow Bench
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