Allahabad High Court
KAILESH NATH and ANR.versusSMT. ASHA DEVI
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- CHANDRA DHARI SINGH
Holding
The appeal is dismissed for want of prosecution.
Summary
The appellants, Kailesh Nath and others, filed a second appeal (No. 299 of 2017) before the Allahabad High Court. No counsel appeared on their behalf, and no request for adjournment or further prosecution of the appeal was made. The court noted the absence of representation and the lack of any request to continue the proceedings. Consequently, the court dismissed the appeal for want of prosecution. The judgment was delivered by Justice Prashant Kumar on December 18, 2025.
Issues considered
- What is the appropriate course of action when an appeal is not prosecuted due to the absence of the appellant or counsel?
Subjects
- civil procedure
- appeal
- want of prosecution
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
SECOND APPEAL No. - 299 of 2017
Kailesh Nath And Anr.
.....Appellant(s)
Versus
Smt. Asha Devi
.....Respondent(s)
Counsel for Appellant(s) : Suyash Bajpai
Counsel for Respondent(s) :
Court No. - 19
HON'BLE PRASHANT KUMAR, J.
1. Case called out in the revised call.
2. No one appeared on behalf of the appellant(s) to press this appeal nor
there is any request to adjourn or pass over the case.
3. Accordingly, the appeal is dismissed for want of prosecution.
(Prashant Kumar,J.)
December 18, 2025
Anupam S/-
Digitally signed by :-
ANUPAM SINGH PATEL
High Court of Judicature at Allahabad,
Lucknow Bench
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