Ajay and Others v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 28170 of 2007 Applicant :- Ajay And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kaushik Counsel for Opposite Party :- Govt. Advocate Hon'ble Anish Kumar Gupta,J.

¶1No one is present on behalf of the applicants to press the instant application. Sri Pankaj Srivastava, learned A.G.A. for the State is present.

¶2On 11.12.2007, the notice was issued to opposite party no.2 and the further proceedings of the complaint case were stayed.

¶3Despite service of notice, none had appeared on behalf of the applicant as well as the opposite party no.2.

¶4On 10.08.2023, this Court passed the following order:28170 "1. None appears for the applicants even in the revised call.

¶2Learned A.G.A. is present for the State.

¶3Vide order dated 11-12-2007 this Court has issued notice to the opposite party no.2 and stayed the proceedings of Complaint Case No. 118 of 2011 of 2007-Rachna Vs. Ajay and Others, P.S. Sardhna, District Meerut, pending before Civil Judge (J.D.), District Meerut.

¶4The office report indicates that notice was already served on the opposite party no.2 and despite service of notice, no body appears on behalf of the opposite party no.2.

¶5In view of the facts and circumstances of the case, the interim order dated 11-12-2007 is hereby vacated.

¶6List peremptorily on 17-08-2023 in the additional cause list.

¶7It is made clear that if no body appears on behalf of the applicants on the next date fixed, the matter shall be dismissed for want of prosecution."

¶5Despite the aforesaid order, no one is present to press the instant application.

¶6Therefore, the present application is dismissed for want of prosecution. Order Date :- 16.10.2023 Shubham Arya High Court of Judicature at Allahabad