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Allahabad High Court

ALOK AKHILAversusSURAJ LAL YADAV

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

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

Summary

The appellant Alok Akhila filed a first appeal (No. 51 of 2021) against the respondent Suraj Lal Yadav. The appeal was listed before the Allahabad High Court, Lucknow Bench, but the appellant failed to appear and made no request for adjournment or to press the appeal. The court noted the absence of the appellant and the lack of any request to continue the proceedings. Consequently, the court dismissed the appeal for want of prosecution. The interim order, if any, was vacated.

Issues considered

  • What is the appropriate course of action when an appellant fails to appear for a scheduled hearing and makes no request for adjournment?

Subjects

  • appeal
  • want of prosecution
  • procedural dismissal
  • court order
  • interim order vacated

Judgment

                                         Court No. - 6

                                         Case :- FIRST APPEAL No. - 51 of 2021

                                         Appellant :- Alok Akhila
                                         Respondent :- Suraj Lal Yadav
                                         Counsel for Appellant :- Brijesh Kumar,Ravi Shanker
                                         Tewari,Utkarsh Srivastava
                                         Counsel for Respondent :- Mohd Hidayat Vllah
                                         Ansari,Shashendra Pratap Singh

                                         Hon'ble Rajnish Kumar,J.

                                         List is being revised.

                                         None is present for the appellant to press this appeal nor there is
                                         any request to adjourn or pass over the case.

                                         Accordingly, the appeal is dismissed for want of prosecution.

                                         Interim order, if any, stands vacated.

                                         ...................................................................(Rajnish Kumar, J.)
                                         Order Date :- 2.8.2024
                                         Haseen U.




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

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