Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148291 (ALL)

RAM CHANDRA and 5 ORS. v. BHARAT SINGH and ANR.

SAPL/9/2006 · 2025-02-20

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:11194 Court No. - 17 Case :- SECOND APPEAL No. - 9 of 2006 Appellant :- Ram Chandra And 5 Ors. Respondent :- Bharat Singh And Anr. Counsel for Appellant :- S.P.Pathak,Chandan Lal Dixit,Kunwar R.P. Singh,Ram Kumar Singh Counsel for Respondent :- Himanshu Shekhar Awasthi Hon'ble Manish Kumar,J. 1. Shri Ram Kumar Singh, learned counsel for the appellant is reported to be ill. 2. After the perusal of the ordersheet, it is apparent that the present appeal was dismissed for want of prosecution on 18.07.2017, which was restored to its original number on 31.08.2017. Thereafter, on the next date i.e. 22.02.2024, an order was passed for the listing of the case after three weeks on the request of learned counsel for the appellants. On the next date i.e 19.03.2024, the case was adjourned on the request of learned counsel for the appellants. Thereafter, on 19.04.2024, the case was again adjourned on the request of learned counsel for the appellants to prepare the case. On 13.05.2024, the case was again adjourned by the learned counsel for appellants for seeking instructions in the matter. On 17.01.2025, the case was again adjourned as the learned counsel for the appellant was unable to argue the case as he was not well prepared with his brief. On 30.01.2025, the case was again adjourned as the learned counsel for the appellant was unable to argue the case as he was not well prepared with the case. The said order dated 30.01.2025 is quoted hereinbelow:- "Despite the request of this Court to argue the case as it pertains to the year 2006, learned counsel for the appellant has shown his inability to argue the case submitting that he is not well prepared with the case and prays for adjournment of the case. List this case again. It is made clear that on the next date of listing, the case shall not be adjourned on any ground whatsoever as it is an old case pertaining to the year 2006." 3. Despite the stop order dated 30.01.2025 passed by this court stating that the case shall not be adjourned on any of the grounds, today again, an illness slip has been sent by learned Counsel for the appellants. Thus, in the background given above, the illness slip for adjourment sent by the learned counsel for appellants is rejected. 4. Accordingly, the appeal is dismissed for want of prosecution. Order Date :- 20.2.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench