Rajendra Singh vs Ramjeet And 3 Others
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Allahabad High Court

Rajendra Singh vs Ramjeet And 3 Others on 11 February, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:30765
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 7837 of 2023   
 
   Rajendra Singh    
 
  .....Petitioner(s)   
 
 Versus  
 
   Ramjeet And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
K.S. Ojha   
 
  
 
Counsel for Respondent(s)   
 
:   
 
Sanjay Maurya   
 
     
 
 Court No. - 5
 
   
 
 HON'BLE MANISH KUMAR NIGAM, J.      

1. Heard learned counsel for the parties and perused the record.

2. This petition has been filed challenging the order dated 04.05.2023 by which a restoration application filed for restoring the appeal, which was dismissed on 04.04.2022 has been rejected by the court below.

3. The appeal itself was dismissed on 04.04.2022 with a finding that the petitioner/appellant was not appearing in the appeal.

4. I have perused the order sheet annexed along with the supplementary affidavit and from the perusal of the same it cannot be said that the appellant was not appearing in the appeal. It is also relevant to note that the appeal was dismissed in the Covid-19 period which was an extraordinary situation. The appellant has given cogent reason for absence in the appeal and also stated that when he was informed he immediately applied the copy of the same and when the copy of the order was prepared, he filed an application on the next date. The orders impugned appears to be erroneous and therefore, the order dated 04.04.2022 & 04.05.2023 passed by Additional Sessions Judge, Court No. 1, Sonbhadra, are hereby quashed. The appeal is restored to its original number.

5. Since the appeal is pending since 2011, it is directed to Additional Sessions Judge, Court No. 1, Sonbhadra to consider and decide the aforesaid appeal, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the parties concerned and after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.

6. With the aforesaid direction, this petition stands allowed.

(Manish Kumar Nigam,J.)

February 11, 2026

Ved Prakash