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Judgment
7 paragraphs · 255 wordsSatyen Vaidya, J
No steps have been taken till date for correction of the record of this appeal after the death of respondent No.1. It is evident from the record that adjournments have been sought for the purposes of taking appropriate steps on the death of deceased respondent No.1 since 2nd March, 2021.
On 08.07.2022, this Court has passed the following order:-
“Order dated 18.11.2021 has not been complied with. Learned counsel for the appellant is seeking time for filing appropriate application, necessitated on account of death of respondent No.1. Records reveal that the matter has been adjournment for the same purpose since 2.3.2021. Abatement is a necessary consequence in case of death of a party arrayed in a matter before the Court, in case of lapse of statutory period. In view of this, no further time can be granted.
List the appeal for hearing in due course.”
Record reveals that deceased respondent No. 1 was plaintiff before the learned Trial Court and had earned a decree dated 19.02.2005 in his favour in Civil Suit No. 234/01 of 2003. In first appeal, the appellant herein alongwith proforma respondents had failed and resultantly, the decree passed by learned Trial Court, was affirmed.
Since, no steps have been taken for substitution of deceased respondent No. 1 for the last more than 18 months, the appeal has abated which is a legal consequence. No further proceedings are required to be taken in the instant appeal. The appeal is disposed of as having been abated.