Neutral Citation No. - 2025:AHC-LKO:6159 Court No. - 17 Case :- SECOND APPEAL No. - 512 of 2009 Appellant :- Babu S/O Late Ghoorey And Ors. Respondent :- Chaudhary Shailendra Singh And Ors. Counsel for Appellant :- Z. Jilani,Najam Zafar,Rafat Farooqui,Zafar Yab Jilani,Zafaryab Jilani Counsel for Respondent :- D.K.Pathak,I.D Shukla,Ishwar Dutt Shukla,S.K. Mehrotra,S.P.Pathak,S.P.Shukla,Santosh Kumar Mehrotra Hon'ble Manish Kumar,J. 1. Case has been called. 2. Ms. Rafat Farooqui, learned counsel for appellants is reported to be ill. However, Shri I.D Shukla, learned counsel for the respondents is present. 3. Learned counsel for the respondents has drawn attention of this court to the previous order dated 24.07.2024, passed by this Court. For convenience, the same is quoted hereinbelow:- "Heard Ms. Rafat Farooqu, learned counsel for the appellants and Shri I. D. Shukla, learned counsel for the respondents This appeal is admitted on the following substantial questions of law:- 1. Whether the findings of the courts below are perverse and based on misreading of the pleadings and evidence are liable to be set aside? 2. Whether lower appellate court has decided the appeal in terms of judgment and order dated 26.02.2008 passed by this Court in Second Appeal No. 901 of 1980? 3. Whether the appellant, who has entered into an agreement for the sale of the land in dispute, which is being claimed as kabristan, can contest the case for the alleged land of kabristan? If not, it's effect. Learned counsel for the respondents submits that the matter may not be adjourned further because already the appellant is enjoying the interim order for the last 22 years. Learned counsel for the appellants undertakes to argue the case on the next date. Lower court record has already been received. List in the week commencing 12.08.2024 for hearing. It is made clear that the case shall not be adjourned on the next date on any ground." 4. Today, an illness slip has been sent by learned Counsel for the appellants, despite the fact that on the last date, learned counsel for the appellants had given an undertaking to argue the case on the next date of listing and the Court also passed an order that the case shall not be adjourned on any grounds. Thus, the request for adjournment of the case on the illness slip sent by the learned counsel for appellants is rejected. 5. Accordingly, the appeal is dismissed for want of prosecution and the interim order, if any, is vacated. Order Date :- 29.1.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench