In a second appeal where the first appellant had abated, the single bench noted the absence of the remaining appellant and held that the appellants had lost interest. The appeal was consequently dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 32 of 1993(R)
-Versus-
The State of Bihar through Deputy Commissioner, Dhanbad
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Appellant : None For the Respondent : Mr. Krishna Kumar Bhatt, A.C. to S.C.-I
17/02.03.2023 By way of last indulgence, this matter was adjourned on 24.08.2022 at the request of the learned counsel for the appellants. At the request of the learned counsel for the appellants, the matter was again adjourned on 20.10.2022 subject to deposit of Rs.1,000/- by the appellants with the Jharkhand State Legal Services Authority (JHALSA). On 23.02.2023, it has been pointed out that appellant no.1 has left for his heavenly abode in the year 2012 itself and on that day, it has been held that this second appeal is already abated against appellant no.1 as there is no petition for setting aside abatement and in that view of the matter, I.A. No.2007 of 2023 was dismissed and the matter was directed to be listed in the next week and that is how, this second appeal has been listed today.
In spite of repeated calls, nobody has responded on behalf of the appellant.
Learned counsel for the respondent is present.
It appears that the appellant has lost interest in this appeal.
Accordingly, this appeal is dismissed.
Let the L.C.R. be returned back to the learned court forthwith.
(Sanjay Kumar Dwivedi, J.)
Ajay/
Kanhai Goswami
The State of Bihar through Deputy Commissioner, Dhanbad
Sanjay Kumar Dwivedi
As recorded by the court registry
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