Ramendra Kumar v. Sobaran Lal and Another

Court No. - 19 Case :- SECOND APPEAL No. - 474 of 1984 Appellant :- Ramendra Kumar Respondent :- Sobaran Lal And Another Counsel for Appellant :- Avadhesh Kumar,S.R.Rizvi Counsel for Respondent :- Hari Om Singh Hon'ble Jaspreet Singh,J. The appeal is of the year 1984. None appears for either of the parties to press the instant second appeal. On 4.8.2023, this Court had passed the following order which reads as under: "The appeal is of the year 1984. The record indicates that since

23.05.2023, the matter is being repeatedly listed and adjourned at the behest Shri Avadhesh Kumar, learned counsel for the appellant. Today again, the matter is listed peremptorily and yet it has been reported that counsel for the appellant is on sanctioned leave. Be that as it may, in old matters, matter listed peremptorily or where more than one counsel is appearing, the benefit of sanctioned leave may not be available to a counsel. Considering the aforesaid and as a matter of last resort, the appeal, which is of the year 1984, shall be listed on 16.08.2023 peremptorily. In case, if the counsel for the parties have any difficulty, they shall make alternate arrangements." Again on 16.8.2023, this Court had passed the following order which reads as under: "List this matter peremptorily on 4th of September, 2023 as Shri Avadhesh Kumar, learned counsel for the appellant is on sanctioned leave till 1st of September, 2023. " Today again, it is reported that the learned counsel for the appellant is on sanctioned leave. Since the matter is old and is listed peremptorily, the benefit of sanctioned leave would not available to the learned counsel for the appellant. In view of the aforesaid, the instant second appeal is dismissed for want of prosecution. Consigned to record. Order Date :- 1.11.2023 Shravan High Court of Judicature at Allahabad, Lucknow Bench