The High Court of Judicature at Allahabad dismissed the second appeal for want of prosecution due to repeated adjournment requests based on the counsel's illness after a bench order warned against further adjournments.
The writ petition was dismissed for want of prosecution.
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Court No. - 17
Case :- SECOND APPEAL No. - 351 of 2000
Appellant :- Sarjoo Prasad Respondent :- Yogendra Nath Counsel for Appellant :- S.P.Pathak,D.K. Pathak,Girija Shankar Tripathi
Counsel for Respondent :- A.M. Tripathi,Dinesh Kumar Shukla,Jai Ram Singh Yadav,Santosh Kumar Gupta
Hon'ble Manish Kumar,J.
Case has been called.
This Court had earlier passed an order on 15.10.2024, which is quoted hereinbelow:-
"Order sheets of the case reveal that on most of the dates, the matter was adjourned on the request of Shri Girija Shankar Tripathi, learned counsel for the appellant even on the last date, the case was adjourned on the illness slip of Sri Girija Shankar Tripathi, learned counsel for the appellant.
Today again, Shri Girija Shankar Tripathi, learned counsel for the appellant is reported to be ill whereas the case is listed under the caption of "These cases shall not be adjourned".
In the interest of justice, list this case in the next week for the last time.
On the next date, the matter will not be adjourned and the appropriate orders will be passed as it is an old case pertaining to the year 2000."
Today, Sri R.K. Shukla, learned counsel, holding brief of Sri Girija Shankar Tripathi, learned counsel for the appellant makes request for adjournment.
However, learned counsel for the respondent is present.
Prayer for adjournment of this case is rejected in the facts and circumstances shown above.
Accordingly, the writ petition is dismissed for want of prosecution.
Order Date :- 22.10.2024 Nitesh
Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench
Sarjoo Prasad
Yogendra Nath
Manish Kumar
As recorded by the court registry
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