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Allahabad High Court

C/M WAQF NO. 318 RAMPUR THRU. ERSTWHILE SECY. TAZIMUDDINversusU.P. SUNNI CENTRAL WAQF BOARD THRU. CHAIRMAN LKO AND ANOTHER

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

Holding

The appeal is dismissed for want of prosecution due to the appellant's failure to appear.

Summary

The appellant, C/M Waqf No. 318 Rampur, filed a first appeal before the Allahabad High Court against a decision of the U.P. Sunni Central Waqf Board. The appeal was listed for hearing, but the appellant failed to appear even after the case was called in the revised list. The court noted that no representative of the appellant was present to prosecute the appeal. Consequently, the court held that the appeal could not be proceeded with in the absence of the appellant. The appeal was therefore dismissed for want of prosecution, and any interim order that had been passed was vacated.

Issues considered

  • Whether an appeal may be dismissed for want of prosecution when the appellant fails to appear before the court?

Subjects

  • procedural law
  • appeal
  • want of prosecution
  • waqf
  • civil procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                 LUCKNOW
                                                           FIRST APPEAL No. - 107 of 2025


                                     C/M Waqf No. 318 Rampur Thru. Erstwhile Secy.
                                     Tazimuddin                                                  .....Appellant(s)
                                                                        Versus

                                     U.P. Sunni Central Waqf Board Thru. Chairman
                                     Lko And Another                                           .....Respondent(s)

                                     Counsel for Appellant(s)        : Syed Ajaz Haider Rizvi
                                     Counsel for Respondent(s)       : Farhan Habib, Ishan Bhasin, Mohd
                                                                       Adil Khan, Syed Aftab Ahmad

                                    Court No. - 19
                                                        HON'BLE PRASHANT KUMAR, J.

                                    1. Case is called out in the revised call.

                                    2. None is present for the appellants even in the revised list.

                                    3. Accordingly, the appeal is dismissed for want of prosecution.

                                    4. Interim order, if any, stands vacated.



                                                                                           (Prashant Kumar,J.)
                                    December 2, 2025
                                    Saurabh Yadav/-




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

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