The High Court dismissed an appeal for non-prosecution after noting repeated adjournments by the appellant's counsel despite no fresh request on the day of hearing.
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Neutral Citation No. - 2024:AHC-LKO:64127
Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 347 of 2017
Appellant :- Ginni Lal Kaushal Respondent :- Smt. Kusum And 4 Others Counsel for Appellant :- Vijay Shankar Trivedi,Avneesh Kumar Shukla,Rama Pati Shukla,Vijay Shankar Trivedi Counsel for Respondent :- Kaushal Kishore,Jitendra Narain Mishra,Sri Kant Tiwari,Suresh Chandra Srivastava
Hon'ble Rajnish Kumar,J.
Sri Avneesh Kumar Shukla, learned counsel for the appellant has sent an application for adjournment on the ground that he is out of station.
Sri Kaushal Kishore, learned counsel for the respondent nos.1 to 3 submits that the case was got adjourned by another counsel on the last date and his application for withdrawl of the money is pending and since the case is being got adjourned, the same could not be disposed of.
Perusal of the order sheet indicates that the case was got adjourned by Sri R.P. Shukla,Advocate appearing on behalf of the appellant on the last two dates but today there is no request on his behalf. Perusal of the order sheet also indicates that the case is being repeatedly got adjourned on behalf of the appellant.
In view of above, the appeal is dismissed for non prosecution.
Interim order, if any, is hereby vacated.
The order has been passed in presence of Sri J.N.Mishra,learned counsel for the respondent.
The lower court record and the statutory amount deposited before this Court shall be remitted to the concerned tribunal forthwith and in any case within a period of three weeks from today for adjustment in payment to claimant-respondents under the impugned judgment and award.
Order Date :- 18.9.2024 Akanksha Sri.
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Ginni Lal Kaushal
Smt. Kusum
Rajnish Kumar
As recorded by the court registry
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