Madhya Pradesh High Court
Santosh Hazari vs Purshottam on 20 April, 2017
SA-314-1995
(SANTOSH HAZARI Vs PURSHOTTAM)
20-04-2017
Shri Manikant Sharma, Advocate, who appears on behalf of the
appellant, pleads no instruction.
Due to non appearance on 19.9.2011, this appeal was dismissed,
however, M.C.C. No. 2442/2016 was filed on behalf of the legal heirs
of the appellant joining legal heirs of the respondents as party,
meaning thereby the appellant and respondent both were died and the MCC was filed by the legal heirs of the appellant joining the legal heirs of the respondent. On 28.9.20167, the said MCC was allowed restoring this appeal. Since then period of 6 months has been elapsed but no application for substitution of LRs of appellant as well as respondent, setting aside the abatement and condonation of delay has been filed.
In view of the above, this appeal deserves to be dismissed as abated.
Accordingly, it is dismissed.
(J.K. MAHESHWARI) JUDGE PB