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2025 DAILYLAW 7103 (ALL)

DR. B K AGRAWAL v. U O I AND OTHERS

SAPL/2671/1982 · 2025-08-17

Manju Rani Chauhan

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:140551 Court No. - 52 Case :- SECOND APPEAL No. - 2671 of 1982 Appellant :- Dr. B K Agrawal Respondent :- U O I And Others 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 23.04.1982 passed by Addl. Civil Judge, Mathura in Civil Appeal No.107 of 1981 arising out of original suit no. 233 of 1979. 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 petitioner 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 1982. 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