Dismissed¶13

Bhole Nawab and Others v. Smt. Nargis Khatoon and Others

Allahabad HC6 Mar 2025SAPL/30/2020

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; Court No. 4; SECOND APPEAL No. - 30 of 2020; Bhole Nawab and others v. Smt. Nargis Khatoon and others; Rajnish Kumar, J.; order dated 6.3.2025; dismissal for want of prosecution; illness slip by appellants' counsel Madhulika Yadav; opposition by Anoop Vajpayee citing repeated adjournments; prior order dated 06.02.2025 warning of hearing in counsel's absence; other appellant-side counsel made no request; interim order vacated; no statute or precedent cited; no substantive issue decided.

What did the court decide?

The Court declined any further adjournment, holding that the case could not be adjourned, especially since the other counsel named for the appellant in the cause list had made no request for adjournment. ¶12

Bhole Nawab and Others Vs Smt. Nargis Khatoon and Others — Allahabad HC (2025) — LawSathi Research

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Court No. - 4

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Case :- SECOND APPEAL No. - 30 of 2020

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Appellant :- Bhole Nawab And Others Respondent :- Smt. Nargis Khatoon And Others Counsel for Appellant :- Madhulika Yadav,Mir Akhtar Hussain,Rakesh Kr. Pant,Sonia Goswami Counsel for Respondent :- Anoop Vajpayee,Atul Kumar Yadav,Nripendra Mishra

¶4

Hon'ble Rajnish Kumar,J.

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Ms. Madhulika Yadav, learned counsel for the appellants has sent illness slip for adjournment which is opposed by Shri Anoop Vajpayee, learned counsel for the respondent on the ground that the case is being got adjourned repeatedly, which is apparent from the order sheet.

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This Court had passed the following order on 06.02.2025 and observed that in case learned counsel for the appellants has any difficulty to appear, she may make alternate arrangement, failing which appropriate order shall be passed by this Court:-

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"1. Ms. Madhulika Yadav, learned counsel for the appellants is reported to be ill, which is being opposed by learned counsel for the respondents on the ground that the case is being got repeatedly adjourned by learned counsel for the appellants.

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2. A perusal of the order sheet indicates that on the earlier occasions also, the case was being adjourned on the request made on behalf of learned counsel for the appellants.

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3. However, in the interest of justice, the case is adjourned today.

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4. List in the week commencing 17.02.2025.

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5. It is made clear that in case, learned counsel for the appellants face any difficulty to appear on the next date of listing, she may make alternate arrangement, failing which this Court may proceed to hear the case and pass appropriate order even in her absence."

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In view of above, the case can not be adjourned today. Even otherwise other counsel are also for the appellant, whose names have been printed in the cause list, but there is no request on their behalf.

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The appeal is dismissed for want of prosecution.

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Interim order, if any, stands vacated.

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...................................................................(Rajnish Kumar, J.)

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Order Date :- 6.3.2025 Haseen U.

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Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench

Bhole Nawab and Others v. Smt. Nargis Khatoon and Others

Case brief

What is this about?

What did the court decide?

Bhole Nawab and Others v. Smt. Nargis Khatoon and Others

Case brief

What is this about?

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What the court decided

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