In a first appeal, the court dismissed the appeal because the appellant failed to comply with a previous order to take steps for notice to respondents despite multiple extensions over more than 10 years.
Appeal dismissed for failure to comply with previous orders to take steps for notice.
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Neutral Citation No. - 2024:AHC-LKO:74935
Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 716 of 2011
Appellant :- Jaipal Singh S/O Surajan Singh Respondent :- Smt. Kamla Singh W/O Jogendra Singh And 5 Others Counsel for Appellant :- Rajendra Jaiswal Counsel for Respondent :- Bhanu Prakash Dubey,Raghu Nath Singh
Hon'ble Rajnish Kumar,J.
As per office report,learned counsel for the appellant has not complied the order dated 23.07.2014 and failed to take steps for notice to respondents.
Sri Rajendra Jaiswal,learned counsel for the appellant prays for further time to take steps.
The delay was condoned and appeal was admitted by means of the order dated 23.07.2014. Notices were issued and the lower court record was summoned. In compliance thereof, the requisition for the lower court record was deposited by the appellant but the steps were not taken as per office report dated 28.01.2017. Thereafter on 08.02.2017, a week's further time was granted to file the process. Thereafter the fees was deposited and requisition for lower court record was sent but the steps were not taken, therefore notice could not be issued.
In view of above, this Court is not inclined to grant any further time to take steps after more than 10 years of the order. The appeal is, accordingly, dismissed.
Order Date :- 13.11.2024 Akanksha Sri.
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the court should further condone the delay in taking steps after more than 10 years of the order.
Jaipal Singh S/O Surajan Singh
Smt. Kamla Singh W/O Jogendra Singh
5 Others
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
