Allahabad High Court
SMT. GUDIYA and ORS.versusRAJESH KAPOOR and ORS.
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
Holding
The appeal was dismissed for want of prosecution and the interim order was vacated.
Summary
The appellant, Smt. Gudiya and others, filed a first appeal against order No. 273 of 2019. No counsel or party appeared on behalf of the appellants to pursue the appeal, nor was any request for adjournment made. The High Court observed that the appeal could not be prosecuted due to the lack of representation. Consequently, the appeal was dismissed for want of prosecution. The interim order, if any, that had been in force was vacated. The order was pronounced in the presence of the respondent's counsel, Anchal Mishra.
Issues considered
- What is the appropriate consequence when an appellant fails to appear or prosecute an appeal before the court?
Subjects
- appeal
- want of prosecution
- procedural default
- dismissal
- interim order vacated
Judgment
Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 273 of 2019
Appellant :- Smt. Gudiya And Ors.
Respondent :- Rajesh Kapoor And Ors.
Counsel for Appellant :- Jagat Pal Singh
Counsel for Respondent :- Anchal Mishra
Hon'ble Rajnish Kumar,J.
1. Case called out in the revised list.
2. No one appeared on behalf of the appellants to press this
appeal nor there is any request to adjourn or pass over the case.
3. Accordingly, the appeal is dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
5. The order has been passed in presence of Shri Anchal Mishra,
learned counsel for the respondents.
Order Date :- 15.10.2024
Raj
Digitally signed by :-
RAJ NIGAM
High Court of Judicature at Allahabad,
Lucknow Bench
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