Allahabad High Court
DHEERAJ KUMAR TIWARI AND ANOTHERversusPRATIMA GUPTA AND 2 OTHERS
- Decided
- Disposal
- Dismissed on merits/Rejected
- Bench
- PRASHANT KUMAR
Holding
The appeal is dismissed for want of prosecution.
Summary
In First Appeal No. 116 of 2024 before the Allahabad High Court, the appellants Dheeraj Kumar Tiwari and another filed an appeal against the respondents Pratima Gupta and two others. No counsel appeared on behalf of the appellants to press the appeal, and no request for adjournment was made. The court noted the lack of prosecution of the appeal and consequently dismissed it. The interim order, if any, that had been in force was vacated. The order was pronounced on 8 January 2025 by Justice Rajnish Kumar, J., in the presence of the respondents' counsel. The judgment was signed by the Registrar, Ram Naresh Banswar.
Issues considered
- Whether an appeal may be dismissed for want of prosecution due to non‑appearance of counsel and no request for adjournment
Subjects
- appeal
- want of prosecution
- dismissal
- interim order vacated
- high court
- procedural default
Judgment
Court No. - 4
Case :- FIRST APPEAL No. - 116 of 2024
Appellant :- Dheeraj Kumar Tiwari And Another
Respondent :- Pratima Gupta And 2 Others
Counsel for Appellant :- Mayank Pandey,Brajesh Kumar Yadav,Sridhar
Awasthi
Counsel for Respondent :- Pritish Kumar,Madhukar Ojha,Shantanu
Gupta
Hon'ble Rajnish Kumar,J.
List is being revised. None is present on behalf of the appellant
to press the appeal. There is no request of pass over or
adjournment of the case. The appeal is of the year 2024.
The First Appeal is dismissed for want of prosecution.
Interim order, if any, stands vacated.
The order has been passed in presence of Shri Madhukar Ojha
and Shri Pritish Kumar, learned counsels for the respondents.
.
.
.......................................(Rajnish Kumar,J.)
Order Date :- 8.1.2025
Banswar
Digitally signed by :-
RAM NARESH BANSWAR
High Court of Judicature at Allahabad,
Lucknow Bench
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