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Allahabad High Court

RAM PRATAP AND ORS.versusSMT. SHOBHAJI AND ORS.

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

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant Ram Pratap and others filed a second appeal before the Allahabad High Court. On the day of hearing, none of the appellant's counsel appeared, while the respondent's counsel, R.K. Srivastava, was present. The court noted the appellant's absence and, after confirming that no representation was made on their behalf, dismissed the appeal for want of prosecution. Consequently, any interim order that had been granted earlier was vacated. The decision underscores the procedural requirement that parties must actively prosecute their appeals, failing which the court may dismiss the proceedings.

Issues considered

  • Whether an appeal can be continued in the absence of the appellant or his counsel?

Subjects

  • appeal
  • want of prosecution
  • interim order vacated
  • procedural law
  • civil procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                 LUCKNOW
                                                         SECOND APPEAL No. - 129 of 2018

                                     Ram Pratap And Ors.
                                                                                              .....Appellant(s)
                                                                        Versus

                                     Smt. Shobhaji And Ors.
                                                                                            .....Respondent(s)

                                     Counsel for Appellant(s)        : Awdhesh Kumar Mishra, Abhishek
                                                                       Yadav, Ambrish Kumar Dwivedi
                                     Counsel for Respondent(s)       : R.K.Srivastava

                                    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 however,
                                    Shri R.K.Srivastava, learned counsel for respondent is present.

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

                                    4. Interim order, if any, stands vacated.



                                                                                        (Prashant Kumar,J.)
                                    December 11, 2025
                                    Saurabh Yadav/-




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

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