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Allahabad High Court

SURESH BILHATIYA AND ANR.versusTHE ESTATE OFFICER THRU. CANTT. BOARD JHANSI AND 2 OTHERS

Decided

Holding

The appeal was dismissed for non‑prosecution.

Summary

The appellants, Suresh Bilhatiya and another, filed a special appeal before the Allahabad High Court against the Estate Officer through Cantt. Board, Jhansi and others. No instruction was filed on behalf of the appellants and no vakalatnama was filed by any counsel. The Court observed that the appeal was not prosecuted. Consequently, the Court dismissed the appeal for non‑prosecution.

Issues considered

  • Whether an appeal can be entertained in the absence of an instruction or vakalatnama.

Subjects

  • appeal
  • non-prosecution
  • vakalatnama
  • procedural law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  SPECIAL APPEAL DEFECTIVE No. - 817 of 2014

                                    Suresh Bilhatiya and another
                                                                                              .....Appellant(s)
                                                                      Versus

                                    The Estate Officer through Cantt. Board, Jhansi
                                    and 2 others                                            .....Respondent(s)

                                    Counsel for Appellant(s)                          :   S.M.A. Abdy
                                    Counsel for Respondent(s)                         :   M.I. Khan

                                    Chief Justice's Court
                                                HON'BLE ARUN BHANSALI, CHIEF JUSTICE
                                                HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. Counsel for the appellants pleads no instruction. No one else has filed
                                    vakalatnama on behalf of the appellants.

                                    2. The appeal is dismissed for non-prosecution.



                                                                (Kshitij Shailendra, J) (Arun Bhansali, CJ)
                                    March 30, 2026
                                    nd/Sazia




Digitally signed by :-
NISITH DEY
High Court of Judicature at Allahabad


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