Baba Ram Lakhan Das vs Hari Ram And Another
2023 Latest Caselaw 26016 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Court No. - 19
 
Case :- FIRST APPEAL FROM ORDER No. - 30 of 1996
 
Appellant :- Baba Ram Lakhan Das
 
Respondent :- Hari Ram And Another
 
Counsel for Appellant :- R.P.Singh,Dwijendra Prasad Gupta
 
Counsel for Respondent :- Rakesh Kumar Singh
 

 
Hon'ble Jaspreet Singh,J.

Heard learned counsel for the appellant.

The matter is listed under the heading that the cases shall not be adjourned.

The instant appeal has been filed against the order dated 06.11.1995 whereby the Lower Appellate Court while allowing the appeal has remanded the matter fixing 29.11.1995 before the Trial court.

The record further indicates that the appeal was admitted on 29.03.1996 and on the application for interim order, the impugned judgment dated 06.11.1995 was stayed, as a result, the proceedings which were remanded was kept in abeyance.

The record further indicates that on 07.01.2004, the appeal was dismissed for want of prosecution and the interim order was vacated.

The record further reveals that upon an application for recall moved on 22.05.2017, the order was recalled by means of order dated 03.12.2018.

In the aforesaid backdrop what this Court finds is that the First Appeal from Order was limited only against a remand order. Upon the dismissal of the appeal on 07.01.2004 which categorically provided that the interim order stood vacated. The appeal came to be restored after almost 14 years, however, while restoring the appeal, there is no clear order as to whether the further proceedings have been stayed and the learned counsel for the appellant is not in a position to indicate that what has transpired in respect of the original suit which was made the subject matter of remand vide order dated 06.11.1995.

In view of the aforesaid, the appeal is dismissed for want of instructions, however, in case if any cause survives, the petitioner shall be at liberty of moving an appropriate application within a period of 30 days from today bringing on record the up to date facts

Order Date :- 22.9.2023/Asheesh