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Judgment
7 paragraphs · 259 wordsShivashankar Amarannavar, J
The learned counsel for appellant has filed a memo dated 05.07.2023. The said Memo reads thus –
"MEMO
The Counsel for the appellant submits that the appellant has died in the year 2019 and the same was intimated to the counsel by the legal representatives of the deceased appellant. And the same has been brought to the attention of this Hon'ble court. Despite the repeated attempts of the counsel to receive details of the legal representatives of the deceased appellant, the LR's have been singularly unhelpuful and not forwarded any information and have demonstrated apathy to provide the required information to the counsel.
One last attempt was made to send a letter by registered post to the last known address of the deceased appellant, to seek instructions from the LR's in order to proceed with the case. The letter was returned on 28.06.2023 with the endorsement "Addressee left without instructions". The returned envelop is attached herewith for the perusal of this Hon'ble Court.
The counsel in the light of the above circumstances is unable to effectively proceed forward with the case due to the lack of necessary instructions. Hence, this Hon'ble Court may take the memo on record."
In the said memo it is stated that the appellant died in the year 2019 and the legal representatives of appellant are not coming forward to make an application to bring the legal representatives of appellant on record. As the appellant died during the year 2019, the appeal abates. Hence, the appeal is dismissed as abated.