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Allahabad High Court

MRS. UMA RAWAT @ MRS. UMA PREM CHANDRA RAWAT AND 2 OTHERSversusMRS. KANHAIYA LAL RAWAT AND 2 OTHERS

Decided
Disposal
Disposed off/Decided on merits

Holding

The appeal was dismissed for want of prosecution.

Summary

The matter was a first appeal filed by Mrs. Uma Rawat and two others against an order dated 2024. The respondents were Mrs. Kanhaiya Lal Rawat and two others. Counsel for the appellant was Ms. Gayatri Singh and for the respondents were Dr. Shipra Tripathi, C.S.C., and Harshvardhan. No representative appeared on behalf of the appellants and no request for adjournment or further hearing was made. Consequently, the High Court dismissed the appeal for want of prosecution and vacated any interim order that might have been in force.

Issues considered

  • Can an appeal proceed when the appellant fails to appear or prosecute the case?

Subjects

  • appeal dismissed
  • procedural default
  • vacated interim order
  • high court procedure

Judgment

                                         Court No. - 4

                                         Case :- FIRST APPEAL FROM ORDER No. - 343 of 2024

                                         Appellant :- Mrs. Uma Rawat @ Mrs. Uma Prem Chandra Rawat And 2
                                         Others
                                         Respondent :- Mrs. Kanhaiya Lal Rawat And 2 Others
                                         Counsel for Appellant :- Gayatri Singh
                                         Counsel for Respondent :- Dr. Shipra Tripathi,C.S.C.,Harshvardhan

                                         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.

                                         Order Date :- 6.1.2025
                                         Raj




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

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