Allahabad High Court
GIRESH MOHAN SRIVASTAVA AND ORS.versusCHANDRA MOHAN AND ORS.
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
Holding
The appeal is dismissed for want of prosecution.
Summary
The appellant, Giresh Mohan Srivastava and others, filed a second appeal (Defective No. 34 of 2016) before the Allahabad High Court, Lucknow Bench. The appellant’s counsel, M.A. Siddiqui, was listed but no representative appeared to prosecute the appeal. The court was required to determine whether the appeal could proceed in the absence of any party or counsel. Since no one appeared to press the appeal, the court held that the appeal could not be pursued. Consequently, the appeal was dismissed for want of prosecution and any interim order that had been in force was vacated.
Issues considered
- What is the appropriate procedural consequence when an appellant fails to appear or otherwise prosecute a filed appeal?
Subjects
- appeal
- procedural default
- want of prosecution
- high court
Judgment
Court No. - 5
Case :- SECOND APPEAL DEFECTIVE No. - 34 of 2016
Appellant :- Giresh Mohan Srivastava And Ors.
Respondent :- Chandra Mohan And Ors.
Counsel for Appellant :- M.A. Siddiqui
Hon'ble Abdul Moin,J.
List revised.
None appears on behalf of the appellant to press this appeal.
Accordingly, the appeal is dismissed for want of prosecution.
Interim order, if any, stands vacated.
Order Date :- 22.5.2025
Pachhere/-
Digitally signed by :-
SATYENDRA SINGH PACHHERE
High Court of Judicature at Allahabad,
Lucknow Bench
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