The High Court dismissed the second appeal as withdrawn by the legal heirs of the deceased appellant, who informed the court that the parties had settled their dispute.
The second appeal was dismissed as withdrawn; interim order, if any, was vacated.
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Court No. - 5
Case :- SECOND APPEAL No. - 319 of 1977
Appellant :- Sonai And Another Respondent :- Ram Pal And Others Counsel for Appellant :- R.S.Tripathi,Ganga Ram,M.P. Srivastava,Ram Kishore Counsel for Respondent :- Alok Kumar Tripathi,N.K. Pandey,Sanpurnanand Shukla
Hon'ble Rajnish Kumar,J.
Sri R.S.Tripathi, learned counsel for the appellants submits that the application for substitution on account of death of appellant no.2 allowed by means of the order dated 01.12.2008 could not be incorporated. Therefore he prays for time to incorporate the same. To which there is no objection by the other side.
In view of above, learned counsel for the appellants is permitted to incorporate the substitution during course of the day.
Learned counsel for the appellants further submits that appellant no.1 has died leaving behind his sole legal heirrespondent no.2 who has also died and his legal heirs does not want to pursue this appeal as the parties have settled their dispute out of Court. Therefore this appeal may be dismissed as withdrawn. He also submits that some of the respondents have also died.
Sri Alok Kumar Tripathi, learned counsel for the respondent submits that he has no instructions in the matter and has also no objection to the request made by learned counsel for the appellants.
In view of above, the second appeal is dismissed as withdrawn.
Interim order, if any, is hereby vacated.
Order Date :- 15.4.2024 Akanksha
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Sonai And Another
Ram Pal And Others
Rajnish Kumar
As recorded by the court registry
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