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Allahabad High Court

RISHI KUMAR TRIPATHI AND OTHERSversusINDRAJEET PANDEY AND OTHERS

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant Rishi Kumar Tripathi and others filed a first appeal against Order No. 70 of 2018. The appeal was listed for hearing, but a pass‑over slip was issued and the matter was transferred to the first round of hearing. When the revised list was prepared, none of the appellants appeared, although counsel for the respondents, G.M. Kamil, was present. The court observed that the appeal had not been prosecuted. Consequently, the court dismissed the appeal for want of prosecution and vacated any interim order that might have been in force. The order was pronounced on 16 January 2025 by Justice Rajnish Kumar, J., of the Allahabad High Court, Lucknow Bench.

Issues considered

  • What is the appropriate consequence when an appeal is not prosecuted?

Subjects

  • appeal
  • want of prosecution
  • order dismissal
  • high court

Judgment

                                         Court No. - 4

                                         Case :- FIRST APPEAL FROM ORDER No. - 70 of 2018

                                         Appellant :- Rishi Kumar Tripathi And Others
                                         Respondent :- Indrajeet Pandey And Others
                                         Counsel for Appellant :- Sachindra Dwivedi
                                         Counsel for Respondent :- Ashok Mehrotra,Ghulam Mohammad Kamil

                                         Hon'ble Rajnish Kumar,J.

                                         In this case pass over slip was sent, therefore, the matter was
                                         passed over in the first round, however none is present in the
                                         revised list, whereas Shri G.M.Kamil, learned counsel for the
                                         respondents is present. The appeal is of the year 2018.

                                         The First Appeal From Order is dismissed for want of
                                         prosecution.

                                         Interim order, if any, stands vacated.

                                         .
                                         .......................................(Rajnish Kumar,J.)
                                         Order Date :- 16.1.2025
                                         Banswar




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

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