Civil appeal dismissed as withdrawn, issue can be raised later. Adjournment granted with strict warning for preparedness. The civil appeal was dismissed as withdrawn after the appellant's counsel stated the matter had become infructuous and did not press the appeal. The court ...
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Civil appeal dismissed as withdrawn, issue can be raised later. Adjournment granted with strict warning for preparedness.
The civil appeal was dismissed as withdrawn after the appellant's counsel stated the matter had become infructuous and did not press the appeal. The court granted permission for the issue to be raised in the future if necessary. An adjournment was granted due to the unavailability of the Solicitor General and senior counsel, with a strict warning that no further adjournments would be allowed. The court emphasized the need for counsel to be prepared for the next scheduled date, maintaining procedural integrity.
Issues: Appeal withdrawal due to matter becoming infructuous, adjournment requested due to unavailability of counsel.
Analysis: 1. Appeal Withdrawal: The appellant's counsel submitted that the matter had become infructuous and did not press the appeal. The counsel requested permission to press the issue in the future if necessary, which was granted by the court. Consequently, the civil appeal was dismissed as withdrawn, allowing the appellant the liberty to raise the issue again when needed.
2. Adjournment Request: The court noted that the learned Solicitor General and a senior counsel engaged by the Department were unavailable due to prior commitments in another court. A short adjournment was requested, which the court granted until a specified date. However, the court made it clear that no further adjournments would be allowed, emphasizing the need for the counsel to be prepared to argue the matter on the next scheduled date. The appeal in question was dismissed as withdrawn in accordance with the signed order, maintaining the procedural integrity of the case.
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