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Allahabad High Court

MST. KESARA AND ANOTHERversusGANESH PRASAD SINGH AND OTHERS

Decided

Holding

The appeal is dismissed for want of prosecution due to insufficient representation after service of notice.

Summary

The appellants, Mst. Kesara and another, were served a notice on 9 September 2025 directing them to engage new counsel for their appeal. The notice was returned undelivered, marked “address crossed, no visible remarks on envelope,” as recorded in an office report dated 1 November 2025 and reiterated on 8 January 2026. The court deemed the returned notice sufficient service and noted that no representative of the appellants appeared to prosecute the appeal. Consequently, the court dismissed the appeal for want of prosecution. The interim order, if any, was vacated.

Subjects

  • procedural law
  • service of notice
  • dismissal for want of prosecution
  • appellate procedure
  • court orders

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                         SECOND APPEAL No. - 1541 of 1983

                                    Mst. Kesara And Another
                                                                                                 .....Appellant(s)
                                                                       Versus

                                    Ganesh Prasad Singh And Others
                                                                                               .....Respondent(s)

                                    Counsel for Appellant(s)                    :   R.N. Singh, S.N. Singh
                                    Counsel for Respondent(s)                   :   A.N. Singh

                                    Court No. - 9
                                                     HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. On 09.09.2025, notice was issued to appellants to engage another
                                    counsel.

                                    2. Office report dated 01.11.2025 repeated on 08.01.2026 indicates that
                                    notice has returned back with postal remark "address crossed, no visible
                                    remarks on envelope."

                                    3. In view of said office report, notice upon appellants is deemed
                                    sufficient.

                                    4. As no one has put in appearance on behalf of appellants to press the
                                    appeal, the appeal is dismissed for want of prosecution.

                                    5. Interim order, if any, stands vacated.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    February 9, 2026
                                    (V.S.SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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