Court No. - 37
Case :- FIRST APPEAL FROM ORDER No. - 480 of 1992 Appellant :- M/S Vijay Associates And Others Respondent :- City Board And Another Counsel for Appellant :- Ajeet Kumar Counsel for Respondent :- Y.S.Bohra
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Dinesh Pathak,J.
Appeal is of the year 1992. Steps have not yet been taken till date as per the report of the stamp reporter dated 18.8.2021.
According to Sri Ajeet Kumar, learned counsel for the appellants, it is not the duty of an Advocate or his clerk to take steps and enquire status of the matter.
After this, it is stated that "matter kai saalon ke baad laga hai" is the answer, which is not expected from a Senior Advocate .
The appeal is under Order XLIII Rule 1 of the C.P. Code which is pending since 1992. It was his solemn duty to enquire about listing of the matter and status of the matter. The appellant has challenged refusal of interim relief. The matter has remained pending for about 19 years.
When we enquired as to what is the status of the suit, learned counsel feigns ignorance. We could have adopted practical way in disposing the appeal directing the court below to proceed with the suit expeditiously as it is just because of the approach of the lawyer that suit in trial court does not proceed and is still pending. But, looking to the attitude of of Senior Advocate, we deem it proper to dismiss the appeal under Chapter XII Rule 4.
Dismissed.
Order Date :- 19.8.2021 Ram Murti