Neutral Citation No. - 2025:AHC:140512 Court No. - 52 Case :- SECOND APPEAL No. - 3164 of 1981 Appellant :- Harbans Respondent :- Har Prasad Counsel for Appellant :- L.P. Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Case is called out. None appears for the appellant. 2. Learned Counsel for the State is present. 3. Record goes to show that the second appeal has been filed against the judgement and decree dated 28.01.1981 passed by IIIrd Additional Civil Judge, Kanpur in Civil Appeal No.257 of 1979 arising out of original suit no. 439 of 1973 between Har Prasad Poddar and Har Hans Singh. 4. The case is listed in the category of oldest pending cases in the cause list, for priority hearing. 5. A notice has been placed on the notice board specifically, mentioning that "old cases up to the year 2022 shall be taken up in the first round itself. In case of non-appearance, matter shall be dismissed as infructuous or otherwise, and in the cases, where the cause of action still survives, the concerned advocates are expected to mark them accordingly in the cause list. Failure to do so, may result in its dismissal as infructuous" but, neither the counsel for the appellant has appeared nor has the case been marked to indicate that the cause of action still survives. 6. This matter is pending since the year 1981. It appears that either the appellant has lost interest in pursuing the matter or it has become infructuous. 7. Accordingly, the second appeal is dismissed as infructuous. 8. Needless to say that the appellant shall be at liberty to file recall/restoration application in case if any cause of action still survives. Order Date :- 18.8.2025/Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad