The High Court of Chhattisgarth dismissed a second appeal for want of prosecution due to the death of appellants and unserved notice. It also rejected an alternative submission that the appeal abated as the respondent had died without representation.
The instant second appeal is dismissed for want of prosecution.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
SA No. 278 of 2010
1. Govind Prasad Trivedi (dead) through legal representatives:-
1(a).Suresh Kumar S/o Govind Prasad Trivedi,
aged about 48 years,
1(b).Umesh Kumar S/o Govind Prasad Trivedi,
aged about 43 years;
Both are R/o C-160, Devendra Nagar, Sector-
3, Near Pal Dairy House and House of Dr.
Sharma, Raipur, (M.P.).
1(c).Smt. Kalpana D/o Govind Prasad
Trivedi, aged about 48 years, W/o Shri Vijay
Vajpayi, R/o Baghbahra, Tahsil – Mahasamund,
District Mahasamund, (M.P.).
2. Krishna Kumar S/o Ramnarayan Trivedi, aged about 74 years, Telegraph Clerk (retired), Telegraph Office, Bilaspur, (M.P.).
3. Raj Kumar S/o Ramnarayan Trivedi, Extelegraph clerk, Telegraph Office, Bilaspur, (M.P.)
---- Appellants
Versus
Mohan S/o Perumal Sindhi, aged about 50 years, R/o Bazar Ward, Mahasamund, District2
Raipur, (M.P.)
---- Respondent
For Appellants :- None.
For Respondent :- Mr. Om Prakash Agrawal, Adv.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board
07/01/2021
1. In the instant second appeal SPC has been
issued to the appellants. According to the
report SPC has been served to appellants
No.1(c), 2 & 3 but due to death of appellant
No.1(a) and also due to wrong address of
appellant No.1(b), SPC has been unserved to
them. It seems that the appellants are not
interested to prosecute the instant second
appeal, therefore, this Court has no other
option except to dismiss the instant second
appeal.
2. Learned counsel for the respondent would submit that the sole respondent has died and there is no representation has been brought on record, as such, the instant second appeal has also abated.
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3. Accordingly, the instant second appeal is
dismissed for want of prosecution.
Sd/-
(Sanjay K. Agrawal)
Judge
Ankit
2 issues framed by the court
Whether the second appeal should be dismissed for want of prosecution due to non-service of supplementary chronology.
Whether the second appeal has abated due to the death of the sole respondent ab initio.
Suresh Kumar S/o Govind Prasad Trivedi
Umesh Kumar S/o Govind Prasad Trivedi
Smt. Kalpana D/o Govind Prasad Trivedi
Krishna Kumar S/o Ramnarayan Trivedi
Raj Kumar S/o Ramnarayan Trivedi
Mohan S/o Perumal Sindhi
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court