This single bench order dismissed the appeal as abated. The court observed that the first respondent had died on 24-01-2007 without any substitution of legal heirs being effected by the appellants despite repeated adjournments, necessitating the dismissal.
The appeal is dismissed as abated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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00017138 ‘
IN THE HmH coum w Juuwhwgu.§;v
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SECOND RPPEAL No. §6j OF 2000
APPEAL UNDER SECTION 199 OF odDE OF CIVIL moCEDUHE
‘r
‘ .
ad‘ Sahodsa Devi alias subhadra nevi ,
TAEPTE‘BLLQELSDe -N°‘l w/o Ballabhdas Soni, aged about
to 3)
42 years, resident of Ganj Line
‘ Rajnandgaon (MP).
2. Kirah Bai
W/o 0m rakash Somani,
Aéged
agau't 40 years
R/o Phulchar Line, Gondiya,
Mahara5htra.
Kishanlal Mun ada,
S/o Lalchan Mundada, .
a ed about 67 yearS, resident of Near
a Jaistambh chowk ,Phulchar Line,
Gondiya, (mi)
VER$US
REéPONDENTS :-1. Radha Devi ‘
W/o Murarilal Daga.
a ed about 52 years,
Fife Ganj Line-Rajnandgaon.
Tahsil Rajnandg aon,
District Rajnandgaon (MP) .
(plaintiff)..
2. State of Madhya Prades h i
Through Collector
Burg (MP)«
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| mmzr%aauéa |
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|---|---|
| 'Sinqle Bench: I'Ho'n’ble Shr |
5. Justice P.Sam Koshy |
| 04 12 2014 |
|
| Smt. Meera ~Jaisw appellants. |
l, counsel for the |
| Ms. M. Asha, Pa State/respondent No. |
nel LaWyer fbr" the 2. |
| It is a case where |
inotice has been received |
| <sup>back with a report that |
the contesting respondent |
| had No.1 Radha ‘Devi » |
expired on 24—Ol—2007 . |
| till date, no However,‘ 1 |
steps have been taken by |
| the appellants for subst‘ |
itution of legal heirs of ' |
| deceased respondent No .I |
L; From the record,- it |
| also reflects that the ( |
‘ounsel‘ appearing for the E |
| appellants have been ta |
king time repeatedly for |
| moving . an |
application for“ |
| substitutionp However, |
till date, no steps have |
| been ' taken. Thus, in t |
he‘ ”absence of any steps |
| ‘being taken, this Court |
is' left with no option |
| 1 but to say that the appe of death of respondent No |
al is abated in the light .1 Radha DeVi |
| Accordingly, . the a rabated. |
ppealv is dismissed as: |
Sd/— P. SamKoshy Judge
2 issues framed by the court
Whether an appeal pending before this Court abates following the death of a respondent without substitution of legal heirs.
Whether this Court will allow an appeal to continue if no steps have been taken by the appellant to substitute legal heirs.
Smt. Meera Jaiswal
Radha Devi
State of Madhya Pradesh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
