Allahabad High Court
DUKH HARANversusPRIYA NATH AND OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The second appeal is dismissed for want of prosecution.
Summary
The appellant, Dukh Haran, filed a second appeal (No. 1079 of 1982) against the respondents, Priya Nath and others, before the Allahabad High Court. No counsel appeared on behalf of the appellant to press the appeal, and the court noted that the appellant seemed uninterested in pursuing the matter. The central issue was whether the appeal could proceed in the absence of any prosecution. The court held that an appeal cannot be entertained without active prosecution by the appellant. Consequently, the second appeal was dismissed for want of prosecution. The judgment was delivered on March 18, 2026, by Justice Manish Kumar Nigam.
Issues considered
- Whether the second appeal should be dismissed for want of prosecution
Subjects
- appeal
- want of prosecution
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SECOND APPEAL No. - 1079 of 1982
Dukh Haran
.....Appellant(s)
Versus
Priya Nath And Others
.....Respondent(s)
Counsel for Appellant(s) : Anil Kumar Tripathi, Manoj Kumar
Singh, Sashi Nandan
Counsel for Respondent(s) : S.D. Pathak
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Case called out in revised list. None appears on behalf of the appellant to press the
second appeal.
2. It seems that the appellant is not interested in pursuing the matter.
3. The second appeal is dismissed for want of prosecution.
(Manish Kumar Nigam,J.)
March 18, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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