A second appeal of 1989 was abated because the respondent died without the necessary application for substitution or setting aside abatement having been filed.
The appeal was set at naught by abatement.
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Neutral Citation No. - 2023:AHC-LKO:78996
Court No. - 19
Case :- SECOND APPEAL No. - 659 of 1989
Appellant :- Sayeed Khan And Others Respondent :- Barkat Khan Counsel for Appellant :- Umesh Chandra,Pramod Kumar,Rakesh Srivastava,Rama Pati Ram,Sandeep Dixit
Hon'ble Jaspreet Singh,J.
The instant appeal is of the year 1989. At the time of institution of the appeal, the appellant No.1 was 62 years of age, whereas sole respondent was 70 years of age.
Office report indicates that respondent has died. However, no application for substitution or setting aside the abatement has been made.
Accordingly, the appeal shall stand abated. Consigned to records.
Order Date :- 1.12.2023 Ashutosh Pandey
Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
Sayeed Khan
Others
Barkat Khan
Jaspreet Singh
As recorded by the court registry
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