Ram Narayan Ahirwar vs Smt. Kusuma Rani And Anr.
2016 Latest Caselaw 1350 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- SECOND APPEAL DEFECTIVE No. - 114 of 2016
 

 
Appellant :- Ram Narayan Ahirwar
 
Respondent :- Smt. Kusuma Rani And Anr.
 
Counsel for Appellant :- Avdhesh Narayan Tiwari
 

 
Hon'ble Pramod Kumar Srivastava,J.

List revised. None present.

Perused the records.

Original Suit No. 26 of 2011 (Ram Narayan Ahirwar Vs. Smt. Kusuma Rani and another) was heard and dismissed on merit by judgment dated 9.5.2013 of Additional Civil Judge  (S.D.) Jalaun at Orai. Against the said judgement, civil appeal no. 37 of 2013 (Ram Narayan Ahirwar Vs. Smt. Kusuma Rani) was preferred, which was heard and dismissed on merit by judgement dated 7.5.2015 of Additional District Judge/ Special Judge (SC/ST Act) Jalaun at Orai. Against the said judgement of first appellate court dated 7.5.2015, the memorandum of this second appeal was presented before this Court on 1.4.2016 which is beyond 225 days after lapse of period of limitation.

At the time of hearing on the point of admission of second appeal, the appellant side was afforded opportunity to explain the delay mentioned in delay condonation application moved with memorandum of appeal. After placing arguments for sometime, the appellant side had requested for time to prepare the case for hearing on the point of disposal of delay condonation application. But today none is present on behalf of the appellant, even in revised call,

At the time of last hearing when it appeared the grounds for condonation of delay in moving  second appeal are not sufficient then matter was got adjourned by appellant. Today also none is present to press this second appeal.

In these circumstances, this appeal is dismissed for want of prosecution.

Order Date :- 11.4.2016

Sanjeev