Gopal Krishan Singh vs Bhikhoo Lal And Others
2022 Latest Caselaw 1140 ALL

Citation : 2022 Latest Caselaw 1140 ALL
Judgement Date : 11 April, 2022

Allahabad High Court

Gopal Krishan Singh vs Bhikhoo Lal And Others on 11 April, 2022

Bench: J.J. Munir




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- SECOND APPEAL No. - 2311 of 1979
 

 
Appellant :- Gopal Krishan Singh
 
Respondent :- Bhikhoo Lal And Others
 
Counsel for Appellant :- Ashutosh Srivastava,Ravi Ranjan
 
Counsel for Respondent :- ,Dilip Kumar,Rajshri Gupta
 

 
Hon'ble J.J. Munir,J.

Case called on. No one appears for the appellant. Vide order dated 09.11.2021, an application to substitute respondent no.1 was allowed and the appeal was directed to come up for final hearing. It is an appeal of the year 1979. By the office report dated 18.12.2021, reiterated on 08.04.2022, the office have, in compliance with the Court's order dated 09.11.2021, listed this appeal for final hearing. However, that is not to be. There are two other substitution applications, one of the year 2014, relating to respondent no.2 and another of the year 2010, relating to respondent no.5, both of whom have passed away, that were not brought to the notice of the Court, when the order dated 09.11.2021 was passed. In addition, an amendment application, also of the year 2010, is also pending, that has now been listed. Even if the learned Counsel for the appellant appeared, the case would still be caught up in the quagmire of these interlocutory applications putting off hearing still for this 42 years old appeal. In any case, when the case is called on, no one appears on behalf of the appellant.

The appeal is dismissed for non-prosecution.

The interim order, if any, stands vacated.

The lower court records shall be sent down to the Trial Court after expiry of the period of limitation to bring a restoration application.

Let a copy of this order be communicated to the Court, that now holds the charge of the Ex-Court of the IInd Additional Munsif, Etawah and decided Original Suit No.613 of 1972 vide judgment and decree dated 09.05.1977, through the learned District Judge, Etawah by the Registrar (Compliance) within 48 hours.

Order Date :- 11.4.2022

Anoop