Court No. - 42
Case :- APPLICATION U/S 482 No. - 11070 of 2005 Applicant :- Kamal Nagiya Opposite Party :- State Of U.P. And Others Counsel for Applicant :- Manoj Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ajay Bhanot,J.
The matter is listed peremptorily today. Case is taken up in the revised call. There is an illness slip of Sri Manoj Mishra, learned counsel for the applicant.
A perusal of the order sheet would be relevant. On 03.04.2019 the following order was passed:-
"List in the next cause list to enable Sri Manoj Mishra, learned counsel for the application to bring the relevant authorities before the Court.
Interim order, if any, in operation shall remain operative till the next date of listing."
On 22.04.2019 the following order was passed:-
"There is an illness slip of Sri Manoj Mishra, learned counsel for the applicant. Since the matter is very old. Illness slip is not accepted.
List peremptorily in the next cause list.
It is clarified that no adjournment shall be granted to either parties on any grounds whatsoever on the next date of listing."
Today when the matter was taken up for hearing it was pointed out that an adjournment has been sought on behalf of learned counsel for the applicant on the ground of illness. It seems that the applicant is not interested in prosecuting the matter on merits since he is enjoying an interim order.
The application stands dismissed for non prosecution.
A copy of this order shall be sent to the Trial Court to proceed further.
Order Date :- 29.4.2019 Pravin