The Allahabad High Court allowed a condonation of delay application and dismissed the subsequent special appeal for non-prosecution when the appellant appeared for neither the appeal nor the delay application.
Condonation of delay allowed; Special appeal dismissed for non-prosecution; interim order vacated.
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Court No. - 2
Case :- SPECIAL APPEAL No. - 163 of 2007
Appellant :- Vishnu Kumar Shukla S/S 377/1985 Respondent :- Ravindra Pratap And 2 Ors. Counsel for Appellant :- S.B. Pandey Counsel for Respondent :- V.K. Bajpai,Jyotinjay Verma,K.S. Misra,P.L. Mishra,Rajesh Shukla,S.P. Shukla
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.
( C.M. APPLICATION NO.6447 of 2007-Delay condonation application )
This is an application seeking condonation of delay in filing the special appeal.
Cause shown is sufÏcient.
Application is allowed and the delay in filing the special appeal is hereby condoned.
Order on appeal
List has been revised.
Case called out.
No one responds on behalf of the appellant; neither is there any prayer for adjournment of the case.
Accordingly, the special appeal is dismissed for non-prosecution.
Interim order, if any, granted earlier stands vacated.
Order Date :- 14.12.2022 Rahul
Digitally signed by RAHUL TRIPATHI Date: 2022.12.15 18:41:21 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether delay in filing the special appeal should be condoned?
How to proceed with the special appeal in the absence of any response from the appellant?
Vishnu Kumar Shukla
Ravindra Pratap
Devendra Kumar Upadhyaya
Saurabh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
