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Khapattu v. Lakshman & Others - SECOND APPEAL No. 2711 of 1982 [2007] RD-AH 2545 (15 February 2007)


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Court No. 19

Second Appeal No. 2711 of 1982



Lachhman and others...............................................Defendants-Respondents.


Hon. S.P. Mehrotra, J.

It appears that Civil Misc. (Abatement) Application No. 7766 of 2007 has been filed on behalf of the defendant-respondent No.3, inter-alia,  praying that the Second Appeal be dismissed as having abated.

The aforesaid Abatement Application is accompanied by an Affidavit, sworn on 9th January, 2007.

It is, inter-alia, stated in the said Affidavit that Kharpattu (plaintiff-appellant) died on 15-12-1990 ; and that the said Kharpattu (plaintiff-appellant) died issue-less ; and that there is no other heir or legal  representative of the said Kharpattu (plaintiff-appellant) ; and that no Substitution Application has been filed for substituting the heirs and legal representatives of the said Kharpattu (plaintiff-appellant).

Copy of the aforesaid Abatement Application was served on 9-1-2007 in the Office of  Sri Uma Kant, learned counsel for the plaintiff-appellant.

In view of the averments made in the aforesaid Abatement Application and its accompanying Affidavit, the Court, by its order dated 31st January, 2007, directed the Office to submit Report as to whether any Substitution Application had been filed on behalf of the heirs and legal representatives of the  said Kharpattu (plaintiff-appellant).

Pursuant to the said order dated 31st January, 2007, the Office has submitted its Report dated 14th February, 2007.

A perusal of the said Office Report shows that no  Substitution Application has so far been filed on behalf of the heirs and legal representatives of the said Kharpattu (plaintiff-appellant), consequent to the death of the said Kharpattu (plaintiff-appellant).

In view of the above, the Second Appeal, at the instance of the said Kharpattu (plaintiff-appellant), stands abated.

The said Kharpattu  was the sole plaintiff-appellant. Therefore, the Second Appeal stands dismissed as having abated.

Dt. 15-02-2007/AK/L


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