First Appeal No. 190 of 1985 dismissed due to persistent illness slips and failure to comply with court notices by the appellant's counsel, pending since 1985.
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Court No. - 59
Case :- FIRST APPEAL No. - 190 of 1985
Appellant :- Dr. Moti Lal Respondent :- Dr. Sideshwar Nath Counsel for Appellant :- A.S. Diwakar,A.K. Malviya,K.S. Kushwaha,N.L. Pandey Counsel for Respondent :- P.K. Yadav,Pankaj Mishra,Ram Prakash Vishwakarma
Hon'ble Surya Prakash Kesarwani,J.
Since 2.12.2011, this appeal is being passed over on the illness slip of learned counsel for the appellant. On 2.12.2011, 12.12.2011, 19.12.2011 & 9.1.2012 the appeal was passed over on the illness slip of Sri A.K. Malviya, learned counsel for the appellant. On 16.1.2012 and 9.2.2012, it was passed over on the request of Sri A.K. Malviya, learned counsel for the appellant.
On 1.10.2018, appeal was passed over on the illness slip of Sri N.L. Pandey, learned counsel for the appellant. On 24.10.2018, the Court issued notice to the proposed legal heirs by registered post A.D. as well as Courier as approved by this Court under Order V, Rule (3) C.P.C. and directed the appellant to take steps within a week but no steps have been taken.
Today, Sri A.K. Malviya, has sent his illness slip. The other counsels shown in the cause list as counsel for the appellants have not appeared even in the revised call.
This appeal is pending in the Court since the year 1985 i.e. from 34 years. Interim order dated 5.4.1985 is operating.
In view of the facts noted above, the illness slip is rejected and the appeal is dismissed which arose from the judgment dated 8.2.1985, in O.S. No.30 of 1979 (Sideshwar Nath Vs. Moti Lal & others), passed by the District Judge, Ghazipur. The interim order is vacated.
Order Date :- 3.4.2019/vkg
Dr. Moti Lal
Dr. Sideshwar Nath
Surya Prakash Kesarwani
As recorded by the court registry
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