The High Court dismissed the first appeal as abated. It was admitted that the sole appellant died in 2019, and his legal representatives were not interested in pursuing the litigation or seeking substitution.
The appeal was dismissed as having abated.
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[2023/RJJD/014347]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 151/1993
| Likhma Ram Rohitas Mahajan And Anr |
----Appellant Versus ----Respondents |
|---|---|
| For Appellant(s) : |
Mr. Ankit Bhaskar for Mr. A.K. Rajvanshi |
| For Respondent(s) : |
Mr. Anil Bissa |
HON'BLE MS. JUSTICE REKHA BORANA Order
10/05/2023
On 25.04.2023, the information as supplied by learned counsel for the respondent regarding death of the sole appellant having expired on 08.03.2019 was taken on record. On that date, time was granted to learned counsel for the appellant to take appropriate steps and to complete his instructions.
Today, learned counsel for the appellant, on instructions, states that the legal representatives of the appellant are not interested in pursuing the present litigation.
It is admitted on record that the sole appellant has expired in the year 2019 and till date no steps for substitution of the legal representatives have been taken.
In view of the submission made by learned counsel for the appellant, the present appeal is dismissed as having abated.
(REKHA BORANA),J
45-T.Singh/-
1 issue framed by the court
Whether an appeal abates upon the death of the appellant without substitution.
Likhma Ram
Rohitas Mahajan
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
