High Court of Judicature at Allahabad
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Budhu v. Radha Krishan - SECOND APPEAL No. 838 of 1977  RD-AH 20101 (28 November 2006)
Hon. Sunil Ambwani, J.
In this second appeal no one appears for the appellant. Shri Rajeev Misra appears for the respondents. In this second appeal defendant No.1/2 has been wrongly mentioned as defendant No.1/1 in order dated 11.9.2006 and 25.9.2006. The defendant respondent Nos.3 and 7 have died. Defendant respondent No.3 died on 02.12.2004. Shri Rajeev Misra states that defendant respondent No.7 died five years ago. Inspite of three opportunities given to learned counsel for the appellant, the substitution applications have not been filed. The appeal arises out of suit for cancellation of sale deed and possession decreed by the trial Court. The appeal was allowed and the suit was dismissed. The cause of action and the decree is indivisible. The second appeal, consequently, abates and is dismissed.
Buddhu Vs. Radha Krishan-o
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