Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 778 of 2019 Appellant :- Durga Prasad And Another Respondent :- Brijendra Kumar Shukla And 2 Others Counsel for Appellant :- Bhanu Bhushan Jauhari Counsel for Respondent :- Nagendra Kumar Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Bhanu Bhushan Jauhari, learned counsel for the appellant, Sri Nagendra Kumar Srivastava, learned counsel for the respondent and perused the judgment and order impugned.
2. By way of this appeal, the appellants challenge the judgment and order dated 29.11.2018 passed by VII Additional District Judge, Bareilly in Misc. Application No. 30 of 2017 in Appeal No. 153 of 2010.
3. A very hyper technical stand has been taken by the learned Judge below which is highly deprecated. Despite order of this Court in Writ Petition, instead of deciding the matters on merits, he dismissed the appeal, thereafter, refused to restore the appeal. This has added to the arrears of this Court. Instead of wasting two pages, the learned Judge below should have restored the matter and decided the same as the appellant No.2 was a senior citizen. The other side has also no objection if the matter was restored to file.
4. In that view of the matter, this appeal is allowed. Hence, Restoration Application being Misc. Application No. 30 of 2017 in Appeal No. 153 of 2010 is allowed. The appeal bearing No. 153 of 2010 before the Court below shall stand stored to file. The learned District Judge shall see that the appeal be listed before any other Judge. The Registry is requested to direct the said Judge to be more careful in future.
5. It goes without saying that this Court has not gone into the merits of the matter.
Order Date :- 22.8.2019 DKS