Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the appellants and perused the record.
(2.) THIS second appeal has been filed challenging the validity and correctness of the judgment and decree 28.8.2004 passed by the Additional District Judge, Court No. 1 Gorakhpur in Civil Appeal No. 2 of 2003, Smt. Subhawati Devi and Ors. v. Uttar Pradesh Power Corporation Ltd. whereby the lower appellate Court has awarded compensation of Rs. 1,00,000/ - (Rupee one lac) in favour of the plaintiffs respondents by setting aside the judgment and decree dated 9.12.2002 passed by the Civil Judge (Senior Division), Gorakhpur in Civil Suit No. 544 of 1999, Smt. Subhawati Devi and Ors. v. Uttar Pradesh Power Corporation Ltd. Learned Counsel for the appellant has stated that compensation awarded has not been deposited by the Executive Engineer due to certain technical difficulties. e was granted two weeks' time to file a detailed affidavit in this regard and the case was directed to be listed peremptorily on 18th May, 2010 for final hearing. On the date fixed, a mention was made by Sri A.K. Mehrotra, learned Counsel for the appellants for adjournment of the case on personal ground. It was in the aforesaid circumstances, the case was directed to be listed in the third week of July, 2010 peremptorily.
(3.) TODAY Sri A.K. Mehrotra, learned Counsel for the appellants has made a mention that detailed affidavit could not be filed as directed by order dated 28.4.2010, and he cannot say whether the compensation awarded has been deposited by the appellant, as directed by the Court. He prays that as today he is in some difficulty, therefore, the case may be adjourned. It appears that the amount of compensation awarded by the lower appellate Court has neither been deposited by the appellants nor they are desirous that court proceed in the matter.;