The court dismissed the second appeal for want of prosecution. The appellants did not engage new counsel despite the notice that the original counsel had retired from the bench. Service notice could not be established for one appellant.
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Court No. - 4
Case :- SECOND APPEAL No. - 107 of 2011
Appellant :- Smt. Shyama Devi W/O Dwarika Prasad And Anr. Respondent :- Abdul Rauf Mansoori S/O Abdul Aziz Mansoori Counsel for Appellant :- Ravi Nath Tilhari Counsel for Respondent :- Anurag Narain
Hon'ble Rajnish Kumar,J.
The card notice was issued to the appellant to engage another counsel as learned counsel for the appellant has elevated to the bench.
As per office report, the service of notice on the appellant no.2 is deemed sufficient as he met but refused to receive the notice.
The service of notice on the appellant no.1 is not sufficient as he has not met and she reportedly lives in Lucknow but there is no address of the appellant no.1 in the appeal.
None has put in appearance to press this appeal.
In view of above it appears that the appellants do not want to pursue the matter. The appeal is dismissed for want of prosecution.
Interim order, if any, stands vacated.
The order has been passed in presence of Shri Prashant Chourasiya, Advocate holding brief of Shri Anurag Narain, learned counsel for the respondent.
...................................................................(Rajnish Kumar, J.) Order Date :- 11.12.2024 Haseen U.
Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench
Smt. Shyama Devi W/O Dwarika Prasad And Anr.
Abdul Rauf Mansoori S/O Abdul Aziz Mansoori
Rajnish Kumar
Haseenuddin
As recorded by the court registry
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