Regular second appeal dismissed in default and for non-prosecution; appellant had died, no legal representatives were substituted despite prior opportunity, and possession of the suit property was already surrendered to the respondent.
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$~36
Through: None. versus
SURESH KUMAR BANSAL .....Respondent Through: Mr. Ajay Bahl, Advocate.
CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 17.12.2025
No one is present on behalf of the appellant when the matter is called-
out.
Mr. Ajay Bahl, learned counsel for the respondent submits, that possession of the suit property has already been surrendered to the respondent through bailiff.
Order dated 31.07.2025 shows that learned counsel for the appellant submitted, that he had instructions to withdraw the appeal but in the meantime, the appellant has passed-away; and the counsel had sought time to file an appropriate application to bring on record the legal representatives of the deceased appellant.
Thereafter, no one has appeared on behalf of the appellant on 18.11.2025 and 27.11.2025.
No application for substitution of the legal representatives has been filed either.
In the circumstances, it appears that the legal representatives of the appellant are not interested in pursuing the appeal.
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RSA 100/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/12/2025 at 12:23:47
The appeal is accordingly dismissed in default and for nonprosecution.
Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J
DECEMBER 17, 2025 ds
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RSA 100/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/12/2025 at 12:23:47
Atul Gupta
Suresh Kumar Bansal
Anup Jairam Bhambhani
As recorded by the court registry
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