Allahabad High Court
Om Prakash Sharma vs Om Prakash Gupta And Others on 20 January, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- SECOND APPEAL No. - 608 of 1982 Appellant :- Om Prakash Sharma Respondent :- Om Prakash Gupta And Others Counsel for Appellant :- Br Tripathi, ,Anil Kumar Sharma,B.Malik,K.N. Tripathi,M.C.Tiwari Counsel for Respondent :- Triloki Nath,A.K. Sharma,Abhinava Krishna Srivastava,Awadhesh Kumar Sharma,Ram Krishan,Sharda Vishwakarma Hon'ble J.J. Munir,J.
There is a request on behalf of Sri Anil Kumar Sharma, learned counsel for the petitioner that this case may be passed over. In the past also that request has been made. Under the circumstances of the case this request cannot be acceded to.
Ms. Sharda Vishwakarma, learned counsel for the respondents is present.
An order was passed in this case way back on 21.05.2008 that reads to the following effect:
"Sri B. Malik is directed to formulate the substantial questions of law within a week. List in the first week of July, 2008."
This appeal is one of the year 1982, where notice was issued on 13.04.1982 but no substantial questions of law were framed. It was in this view of the matter that the order dated 21.05.2008 was passed. It is by now 11 and a half years but till date, no substantial question of law has been framed. This Appeal has been treated to be admitted going by the practice of the Court at that time and has come up for hearing.
Considering the fact that today also, there is a request for adjournment and continuing non compliance with the order of this Court dated 21.05.2008 regarding which an office report dated 18.01.2020 is also on record, no further indulgence can be extended.
Accordingly, this Appeal is dismissed for non prosecution.
The interim order, if any, shall stand vacated.
Let this order be communicated to the Court holding determination of the ex-Court of Munsif City, Kanpur that decided Suit No. 07 of 1980 on 24.08.1981, through the learned District Judge, Kanpur Nagar by the Office, within a week for necessary compliance.
Order Date :- 20.1.2020/Deepak