Sri Ikram Ullah Khan vs Smt. Akbari alias Akkno and Others

S.P. Mehrotra, J.—Pursuant to the order dated 23.1.2006, the case is listed today. Dr. Madhu Tandon holding brief for Shri G.N. Verma, learned Counsel for the plaintiff-appellant, is present. She states that Shri G.N. Verma, learned Counsel for the plaintiff-appellant has no further instructions in the matter.

It appears that the aforementioned Civil Misc. Application No. 1469 of 1994 was filed on behalf of Abdul Sattar (defendant-respondent No. 7), interalia, praying that the Second Appeal be dismissed as having abated.

Alongwith the said application, an affidavit, sworn by the said Abdul Sattar (defendant-respondent No. 7) on 23.3.1994, was filed.

In paragraph No. 2 of the said affidavit, it is, interalia, stated that Ikram Ullah Khan (sole plaintiff-appellant) died on 12.2.1992 at Agra.

Photostat copy of the death certificate in respect of the said Ikram Ullah Khan, has been filed as Annexure-1 to the said affidavit.

By the said order dated 23.1.2006, the Office was directed to submit report as to whether any Substitution Application had been filed on behalf of the heirs and legal representatives of the said Ikram Ullah Khan (plaintiff-appellant).

Pursuant to the said order dated 23.1.2006, the Office has submitted its Report dated 30.1.2006.

A perusal of the said Report shows that no Substitution Application has been filed as yet on behalf of the heirs and legal representatives of the said Ikram Ullah Khan (plaintiff-appellant).

In view of the above, it is evident that the said Ikram Ullah Khan, who was the sole plaintiff-appellant in the Second Appeal, expired on 12.2.1992. No Substitution Application has been filed on behalf of the heirs and legal representatives of the said Ikram Ullah Khan (plaintiff-appellant) for being substituted in place of the said Ikram Ullah Khan (plaintiff-appellant).

In the circumstances, it is evident that the Second Appeal has abated. The Second Appeal, therefore, stands dismissed as having abated.