On APA No. 28/2009, the High Court of Rajasthan at Jodhpur dismissed S.B. Civil Second Appeal as it had abated due to the death of the appellant (Khangar Singh) without sufficient steps taken for substitution.
The civil second appeal was dismissed as it had abated due to the death of the appellant and lack of substitution.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Civil Second Appeal No. 28 / 2009
Khangar Singh son of Bhudra Ji, by caste Purohit, Resident of Gol (Ummedabad), Tehsil & Dit. Jalore (Raj.).
----Appellant/Plaintiff
Versus
All resident of Gol (Ummedabad), Tehsil & Dist. Jalore.
–--Performa Respondents
(2 of 2)
[CSA-28/2009]
For Appellant(s) : Mr. Sajneev Johari. For Respondent(s) : Mr. Manjul Shrimali.
Mr. Manjul Shrimali.
JUSTICE DINESH MEHTA
Order
02/05/2018
On 03.11.2016, learned counsel for the appellant informed the Court that the appellant – Khangar Singh has expired. Since then, no effective steps for substitution of his legal representatives have been taken.
Mr. Sanjeev Johari, learned counsel having filed the appeal, on instructions, informs that the appellant has left behind his widow, who is a Parda-Nasheen woman and has not yet contacted him.
In view of the above, since a period of more than an year has lapsed, after the death of the appellant and no effective steps have been taken, the appeal stands dismissed as abated.
Needless to observe that the concerned party shall be at liberty to apply for revival of the appeal, in accordance with law.
The appeal stands dismissed accordingly.
(DINESH MEHTA), J.
/Mohan/100
Khangar Singh son of Bhudra Ji
Hajari Mal son of Bhudra Ji
Mangilal son of Bhudra Ji
Nain Singh son of Bhudra Ji
Ran Singh son of Bhudra Ji
Karan Singh son of Bhudra Ji
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
