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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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