Banamali v. Narasingha

S.A. No.219 of 1989

12. 20.04.2021

The matter is taken up through video conferencing.

Mr.Karnail Sartar, learned counsel on behalf of Mr.S.D.Das, learned Senior Counsel who was holding the power for the Respondent No.1 places before the Court that they have received an information that Respondent No.1 who had filed the Suit as the Plaintiff in the Trial Court and in whose favour the decree had been passed is dead since 17.06.2006. He further submits that the Appellant being the Defendant No.1 in the Suit was only contesting Defendant and as per the instruction received he is also dead since the year 2009-2010. On earlier occasions, none had appeared on behalf of the Appellant. Today also, none is present for the Appellant.

In the above state of affairs, accepting the submission made at the Bar when as of now no step has been taken either for the substitution of the legal representatives of the Appellant to pursue the Appeal or for substitution of the legal representatives of Respondent No.1 as of now and the Appeal has abated since long; this Court finds it unnecessary to keep this Second Appeal on board serving no useful purpose.

Accordingly, this Second Appeal stands dismissed.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may

utilize printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice NMo.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.