The Court dismissed a Second Appeal for want of prosecution because the appellants failed to file a vakalatnama, could not serve notices, and appeared inactive after a significant delay.
The Second Appeal is dismissed for want of prosecution. Any interim order stands vacated.
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Court No. - 5
Case :- SECOND APPEAL No. - 1033 of 1980
Appellant :- Smt. Rahiman And Others Respondent :- Waqf Allah Tala Counsel for Respondent :- Virendra Singh,Rishi Ram
Hon'ble Saral Srivastava,J.
The notices were issued to appellants to engage another counsel due to the death of learned counsel for the appellants .
Perused the office report dated 27.2.2021 which reads as under:-
"NEC has been issued to appellants A1 to 9 through registered post fixing 04/01/2021, undelivered cover returned after service along with Post Office Report, which is as under:-
"A1, A2,A3, A4, A5, A8 and A9 - " ममतययहहगययहह "
"A6 and A7 " "Neither undelivered cover has been received after service nor any vakalatnama has been filed as yet".
Nobody has filed Vakalatnama on behalf of appellants.
It appears that by the efflux of time, the appellants have lost interest in contesting the appeal.
Accordingly, the appeal is dismissed for want of prosecution.
Interim order, if any, stands vacated.
Order Date :- 24.3.2021 SKM
1 issue framed by the court
Whether the Second Appeal should be dismissed for want of prosecution due to non-filing of vakalatnama and inability to serve notice.
Smt. Rahiman And Others
Waqf Allah Tala
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
