This appeal was dismissed because the sole appellant had died and no application for substitution was made, causing the appeal to abate. The interim order stood vacated.
The appeal is dismissed. The interim order, if any, stands vacated.
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Court No. - 5
Case :- SECOND APPEAL No. - 14 of 1994
Appellant :- Ganga Ram Respondent :- Raghubir And Others Counsel for Appellant :- P.L.Misra,Arvind Mishra,P.C.Chauhan,V.G. Misrha Counsel for Respondent :- P.K. Srivastava,Pankaj Kumar Srivastava
Hon'ble Rajnish Kumar,J.
Shri Arvind Mishra, learned counsel for the appellant submits that as intimated by the learned counsel for the respondent that the sole appellant has died, he had written a letter which has returned back and his grandson has contacted him but he has not turned up, therefore he could not move the application for substitution.
Shri Pankaj Kumar Srivastava, learned counsel for the respondent submits that since the sole respondent has died year back in 2023, therefore this appeal has already abated which could not be disputed by the learned counsel for the appellant.
In view of above, the appeal has been abated.
Accordingly, the appeal is dismissed .
Interim order, if any, stands vacated.
...................................................................(Rajnish Kumar, J.) Order Date :- 3.4.2024 Haseen U.
Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench
Ganga Ram
Raghubir And Others
Rajnish Kumar
Haseenuddin
As recorded by the court registry
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