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Allahabad High Court

RAM PRASADversusBECHAN LAL and ANR.

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

Holding

The appeal is dismissed for want of prosecution.

Summary

Ram Prasad filed a first appeal against order No. 316 of 2017 passed by the lower court. The appellant's counsel, Udai Bahn Pandey, did not appear before the High Court and no request for adjournment was made. The respondents, Bechan Lal and another, were represented by Shobh Nath Pandey. The court observed that the appeal was not prosecuted and therefore could not be entertained. Consequently, the appeal was dismissed for want of prosecution and any interim order that may have existed was vacated.

Issues considered

  • Whether the appeal should be dismissed for want of prosecution due to non‑appearance of the appellant’s counsel

Subjects

  • appeal dismissed
  • want of prosecution
  • non‑appearance
  • interim order vacated

Judgment

                                         Court No. - 6

                                         Case :- FIRST APPEAL FROM ORDER No. - 316 of 2017

                                         Appellant :- Ram Prasad
                                         Respondent :- Bechan Lal And Anr.
                                         Counsel for Appellant :- Udai Bahn Pandey
                                         Counsel for Respondent :- Shobh Nath Pandey

                                         Hon'ble Rajnish Kumar,J.

                                         List is being revised.

                                         None is present on behalf of the appellant to press this appeal
                                         nor there is any request to adjourn or pass over the case.

                                         The appeal is of the year 2011.

                                         Accordingly, the appeal is dismissed for want of prosecution.

                                         Interim order, if any, stands vacated.

                                         The order has been passed in presence of Shri Shobh Nath
                                         Pandey, learned counsel for the respondents.

                                         ...................................................................(Rajnish Kumar, J.)
                                         Order Date :- 15.10.2024
                                         Haseen U.




Digitally signed by :-
HASEENUDDIN
High Court of Judicature at Allahabad,
Lucknow Bench


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