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2025 DAILYLAW 140496 (ALL)

BUDHU AND ORS. v. SHAKUR DEAD AND ORS.

SAPL/186/2013 · 2025-07-14

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40027 Court No. - 8 Case :- SECOND APPEAL No. - 186 of 2013 Appellant :- Budhu And Ors. Respondent :- Shakur Dead And Ors. Counsel for Appellant :- M.P.Yadav,R.R. Upadhayaya,Raghaw Ram Upadhyay Counsel for Respondent :- Diwakar Singh,Maheep Kumar Singh,Mohan Singh,Urvashi Vishwakarma,Vidya Prasad Nagaur,Vijai Bahadur Verma Hon'ble Jaspreet Singh,J. 1. Sri R.R. Upadhayaya, learned counsel for the appellants has sent an illness slip today. 2. Sri Diwakar Singh, learned counsel for the respondents has opposed the aforesaid request. 3. The record indicates that on 17.02.2025, a Co-ordinate Bench of this Court had passed the following order, which reads as under :- "Shri R.R. Upadhyaya, learned counsel for the appellant is reported to be ill today. Shri Diwakar Singh, learned counsel for the respondent opposes the prayer for adjournment on the ground that the case is being got adjourned repeatedly, whereas the order sheet does not indicate the same. Since there is an illness slip of the learned counel for the appellant, the case is adjourned for the day. As prayed by learned counsel for the respondent, list in the 2nd week of March, 2025. " 4. Again on 11.03.2025, a Co-ordinate Bench of this Court passed the order, which reads as under :- "Shri R.R.Upadhayaya, learned counsel for the appellants has sent illness slip, which is being opposed by Shri Diwakar Singh, learned counsel for the respondents. The case is of the year 2013. List in the 1st week of April, 2025. It is made clear that the case shall not be adjourned on the next date on any ground and in case learned counsel for the appellant has any difficulty he may make alternative arrangement. " 5. Today, once again, a request for adjournment on the ground of illness of Sri Upadhayaya has been sent. Moreover, this matter is listed under the head "that the matter shall not be adjourned". 6. Considering the previous orders and the opposition by the counsel for the respondents, this Court hereby dismisses the appeal for want of prosecution. Consigned to record. (Jaspreet Singh, J.) Order Date :- 14.7.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench