Akhtar vs Yogesh Kumar And 11 Others
2022 Latest Caselaw 10762 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- SECOND APPEAL No. - 595 of 2022
 

 
Appellant :- Akhtar
 
Respondent :- Yogesh Kumar And 11 Others
 
Counsel for Appellant :- Ramesh Chandra Pal
 

 
Hon'ble J.J. Munir,J.

1. On 18.07.2022, the following order was passed :

On 07.07.2022, the following order was passed:

"On the request of learned Counsel for the appellant, lay this appeal as fresh again on 11.07.2022"

Again on 11.07.2022, the following order was made:

"This case was adjourned on 07.07.2022 on the request of learned Counsel for the appellant. Upon the case being called on today, no one appears on behalf of the appellant.

It is a fresh matter. In the interest of justice, this case is adjourned to 18.07.2022.

Lay as fresh again on 18.07.2022.

The office shall inform the learned Counsel for the appellant about this order through a written information."

In compliance with the order dated 11.07.2022, the office have submitted a report dated 16.07.2022 that reads thus:

"Reference to Hon'ble Court order dated 11.07.2022, Office has informed the learned Counsel for appellant in writing and he has claimed to be ill. He has received the Court order himself."

In the circumstances that the learned counsel for the appellant is reported unwell, lay this appeal as fresh again on 27.07.2022. By that time, in case the learned counsel for the appellant is still indisposed, he will make alternative arrangements.

It is made clear that the appeal shall not be adjourned.

Let this order be communicated to the learned counsel for the appellant by the Office in writing within 24 hours.

2. Again on 27.08.2022, the following order was passed :

In compliance with the order dated 18.07.2022, the office has submitted a report dated 26.07.2022. The office report indicates that Mr. R.C. Pal, learned Counsel for the appellant has indicated that he is unwell, details of which are mentioned in the office report. It is also reported that the learned Counsel's cases are adjourned from 08.07.2022 to 12.08.2022.

Learned Counsel for the appellant has prayed for a suitable adjournment.

In view of the office report dated 26.07.2022, lay this appeal as fresh again on 22.08.2022.

3. Today, when the case is called on, no one appears for the appellant.

4. This appeal is dismissed for non-prosecution.

5. Let this order be communicated to the Civil Judge (Junior Division), Koil, Aligarh, the Court that decided Original Suit No. 243 of 2020, Akhtar v. Yogesh Kumar and others vide judgment and decree dated 07.12.2020 through the learned District Judge, Aligarh by the Registrar (Compliance), by 24.08.2022.

Order Date :- 22.8.2022

I. Batabyal