The High Court dismissed S.B. Civil First Appeal No. 283/1998 for want of prosecution due to the non-appearance of the appellants. An application seeking dismissal on grounds of abatement via respondent's death was also disposed of.
The appeal was dismissed for want of prosecution.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 283/1998
All residents of village Kiri, Tehsil Badi, District Dholpur (Rajasthan)
----Defendants/Appellants
Versus
Sultan son of Shri Nanne Khan, Resident of Kiri, Tehsil Badi, District Dholpur (Rajasthan)
----Plaintiff/Respondent
For Appellant(s) : None Present For Respondent(s) : Mr. Ajeet Bhandari
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order
20/01/2023
Matter comes up on an application bearing Inward No.1/2022 filed by learned counsel for the respondent under Order 22 Rule 10-A & 9 CPC praying therein that the sole respondent- Sultan has expired in the year, 2008, therefore, the present appeal may be dismissed as abated.
In the present case, on last occasion dated 19.01.2022, none has appeared on behalf of the appellants. Today also even in second round, no one has appeared on behalf of the appellants.
Consequently, the appeal is dismissed for want of prosecution.
Miscellaneous application, if any, stands disposed of.
(CHANDRA KUMAR SONGARA),J
Satyendra/24
1 issue framed by the court
Whether the appeal be dismissed as abated due to death of the respondent or dismissed for want of prosecution due to non-appearance.
2 provisions across 1 enactments
Sabbo Wd/o Late Shri Shyama
Yakub Khan son of Late Shri Shyama
Ayub Khan son of Late Shri Shyama
Ahasan Khan son of Late Shri Shyama
Sultan son of Shri Nanne Khan
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
