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Dinnath Verma And Others v. Gokharam And Others - SECOND APPEAL No. 1761 of 1983  RD-AH 11164 (10 July 2006)
Court No. 48
Second Appeal No. 1761 of 1983
Phagoo ( dead) by L. Rs. and others Vs. Gokaran and others
Hon. S.P. Mehrotra, J.
The present Second Appeal was decided by this Court by its judgment and order dated 12.4.2002.
By the said judgment and order dated 12.4.2002, this Court allowed the present Second Appeal, and set- aside the judgment and decree of the First Appellate Court, and restored the judgment and decree of the Trial Court.
Against the said judgment and order dated 12.4.2002, Smt. Keshari Devi and another filed a Special Leave Petition before the Supreme Court, being SLP ( C) No. 24030 of 2002, which gave rise to Civil Appeal No. 2220 of 2006.
By the order dated 24.4.2006, their Lordships of the Supreme Court allowed the said Civil Appeal No. 2220 of 2006 [ arising out of S.L.P. ( C ) No. 24030 of 2002], set -aside the said judgment and order dated 12.4.2002 passed by this Court , and remitted the matter back to this Court for fresh decision in accordance with the observations made in the said order dated 24.4.2006.
Their Lordships of the Supreme Court , interalia, observed in the said order dated 24.4.2006 as follows:-
" Since the proceedings pertain to a suit having been instituted in the year 1972, we would request the Hon'ble Chief Justice to list the second appeal out of turn and, if possible, dispose it off within six months of the receipt of a copy of this order".
The present Second Appeal was listed before this Court on 22.5.2006. On the said date i.e. 22.5.2006, the case was passed over on prayer made on behalf of the learned counsel for the defendants-appellants. The case was, thereafter, listed before the Court on 3.7.2006. On the said date, i.e., 3.7.2006, the case was passed over on prayer made by the learned counsel for the defendants-appellants.
Pursuant to the order dated 3.7.2006, the case is listed today.
The case has been taken -up in the revised list.
The Court has waited for the learned counsel for the defendants-appellants for sometime.
However, the learned counsel for the defendants-appellants have not appeared.
In the circumstances, the Court has no option, but to dismiss the present Second Appeal for want of prosecution.
The present Second Appeal is accordingly dismissed for want of prosecution.
Dt. 10.7.2006/Second Appeal No. 1761 of 1985/aks.
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