Smt. Urmila Devi And Others vs State Of U.P. & Another
2016 Latest Caselaw 6325 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 5230 of 1994
 

 
Applicant :- Smt. Urmila Devi And Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Sn Singh,R.K.Mishra,Rajesh Kumar Bind,S.N.Singh
 
Counsel for Opposite Party :- AGA,Sunil Vashisth
 

 
Hon'ble Naheed Ara Moonis,J.

Case called out in the revised list. No one has appeared on behalf of the applicants. The case has been listed peremptorily on 21.9.2016. The case was adjourned on account of illness slip of Shri Rajesh Kumar Bind, learned counsel for the applicants and following order was passed which is reproduced as below:

"The case is adjourned on account of illness slip of Shri Rajesh Kumar Bind, learned counsel for the applicants. On 24.8.2016, 1.9.2016 and 12.9.2016 the case was adjourned on the illness slip of Shri Rajesh Kumar Bind, learned counsel for the applicants.

The matter pertains to the year 1994. The restoration application has been filed by the applicants for recalling of the order dated 17.5.2005 in the year 2008 cannot be kept pending for years together at the dint of filing of restoration application.

In the aforesaid circumstances, let the case be listed peremptorily in the next cause list."

In the above circumstances  mere filing of the restoration application way back in the year 2008 will not accrue any right to the applicants to stall the proceeding  when the interim order has already been vacated on 17.5.2005.

The restoration application is highly misconceived and accordingly dismissed for want of prosecution.

Office is directed to communicate this order to the court below within three days through Fax.

The court below shall proceed with the matter, expeditiously, in accordance with law.

Order Date :- 30.9.2016

RU