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Allahabad High Court

SMT. USHA KUMARI AND OTHERSversusSTATE OF U.P. AND OTHERS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The petition was dismissed in default due to the petitioner's failure to appear.

Summary

A writ petition (C No. 38955 of 2008) was filed by Smt. Usha Kumari and others against the State of U.P. and others. The petitioners were represented by counsel K.K. Arora, while the respondents were represented by C.S.C., A.S. Rana and Madan Mohan. The case was listed before the Allahabad High Court, but no petitioner appeared before the court on the scheduled date. Consequently, the court dismissed the petition in default. The interim order, if any, that had been granted earlier was vacated. The order was pronounced on 10 May 2023 by Hon'ble Justices Salil Kumar Rai and Arun Kumar Singh Deshwal.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear before the court on a listed date?

Subjects

  • writ petition
  • default dismissal
  • interim order vacated
  • Allahabad High Court

Judgment

                                                                     Neutral Citation No. - 2023:AHC:100693-DB

                                        Court No. - 39

                                        Case :- WRIT - C No. - 38955 of 2008

                                        Petitioner :- Smt. Usha Kumari And Others
                                        Respondent :- State of U.P. and Others
                                        Counsel for Petitioner :- K.K. Arora
                                        Counsel for Respondent :- C.S.C.,A.S. Rana,Madan Mohan

                                        Hon'ble Salil Kumar Rai,J.
                                        Hon'ble Arun Kumar Singh Deshwal,J.

                                        List has been revised. No one appears on behalf of the petitioners.

                                        Accordingly, the petition is dismissed in default.

                                        Interim order, if any, stands vacated.

                                        Order Date :- 10.5.2023
                                        A.Kr.




Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad


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