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Allahabad High Court

LOKENDRA @ KANHAIYAversusARJUN SINGH and OTHERS

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

Holding

An appeal cannot be entertained where the appellant fails to prosecute the proceedings, leading to dismissal and vacating of any interim order.

Summary

Lokendra (appellant) filed a first appeal against Order Defective No. 602 of 2009. The matter was listed on a revised list but no counsel appeared on behalf of the appellant. Counsel for the respondents was present before the court. The bench observed that the appeal could not be proceeded with due to want of prosecution by the appellant. Accordingly, the appeal was dismissed and any interim order that may have been in force was vacated. The order was dated 9 September 2022.

Issues considered

  • Whether the appeal can be entertained in the absence of the appellant's counsel and prosecution of the case
  • Whether the interim order, if any, should remain in force

Subjects

  • appeal dismissed
  • want of prosecution
  • interim order vacated
  • civil procedure

Judgment

                                        Court No. - 38

                                        Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 602 of 2009

                                        Appellant :- Lokendra @ Kanhaiya
                                        Respondent :- Arjun Singh And Others
                                        Counsel for Appellant :- Satya Srivastava

                                        Hon'ble Saral Srivastava,J.

                                        None for the appellant even when the case is called in revised
                                        list. Learned counsel for the respondents is present.

                                        The appeal is dismissed for want of prosecution.

                                        Interim order, if any, stands vacated.

                                        Order Date :- 9.9.2022
                                        SS




Digitally signed by SUNIL KUMAR
SHARMA
Date: 2022.09.12 14:00:23 IST
Reason:
Location: High Court of Judicature at
Allahabad


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