A second appeal was dismissed due to abatement. The respondent died, and no application for substitution of parties was filed despite an earlier application, leading to the dismissal of the appeal.
The appeal stands abated and is dismissed as no application for substitution is pending.
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Neutral Citation No. - 2025:AHC-LKO:1895
Court No. - 4
Case :- SECOND APPEAL No. - 346 of 2016
Appellant :- Sumitra Devi And Anr. Respondent :- Smt. Bhagwat Dei @ Nanhakka Counsel for Appellant :- Vivek Raj Singh Counsel for Respondent :- Uma Shankar Sahai,Aditya Kumar Tiwari,Beena Kishor,Madhav Srivastava
Hon'ble Rajnish Kumar,J.
List is being revised. None appears on behalf of the appellants to press the appeal nor there is any request for pass over or adjournment of the case.
Sri U.S. Sahai, learned counsel for the legal heirs of the sole respondent submits that the sole respondent has died and despite application under Order XXII Rule 10-A of C.P.C. filed by him about two years back, no application for substitution has been moved.
In view of above, this appeal stands abated.
Dismissed accordingly.
Order Date :- 10.1.2025 Akanksha/-
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Sumitra Devi
Bhagwat Dei @ Nanhakka
Rajnesh Kumar
As recorded by the court registry
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