The appellate court dismissed the second appeal filed by Shwami Din Dayal Ji Maharaj and others for want of prosecution due to the death of an appellant and failure to file Vakalatnama, vacating any interim order.
Appeal dismissed for want of prosecution; interim order, if any, stands vacated.
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Court No. - 5
Case :- SECOND APPEAL No. - 1082 of 1979
Appellant :- Shwami Din Dayal Ji Maharaj And Others Respondent :- The Municipal Board Counsel for Respondent :- J.N. Sharma,S.S. Bhatnagar
Hon'ble Saral Srivastava,J.
Perused the office report dated 15.03.2021 which reads as under:-
"Notice to engage counsel issued to appellant No.1 and proposed appellant no.2/1 to 2/3 by registered post fixing 01/05/2019 has returned with postal report as under:-
"A2/1-"Died".
A1, A2/2, A2/3- "Notice has not received back after service as yet"
Nobody has filed Vakalatnama on behalf of appellants.
It appears that by the efflux of time, the appellants have lost interest in contesting the appeal.
Accordingly, the appeal is dismissed for want of prosecution.
Interim order, if any, stands vacated.
Order Date :- 24.3.2021 Sattyarth
Shwami Din Dayal Ji Maharaj And Others
The Municipal Board
Saral Srivastava
As recorded by the court registry
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