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2022 Supreme(Pat) 548

PARTHA SARTHY
Ram Balak Prasad Sah – Appellant
Versus
Lakshmi Narayan Gupta – Respondent


Advocates Appeared:
For the Appellants : M/s Shri Nandan Prasad Singh, Sr. Adv., Rajeev Ranjan, Prashant Vedasen.
For the Respondents: M/s J.S. Arora, Sr. Adv., Manoj Kumar, Sreejan Pankaj, Aditya Sharan.

PARTHA SARTHY, J.:–

I.A. no.5153 of 2013 (renumbered as I.A. no.3 of 2013), I.A. no.5821 of 2017, I.A. no.6844 of 2017 (renumbered as I.A. no.5 of 2017), I.A. no.6 of 2021, I.A. no.7 of 2021, I.A. no.8 of 2021 and I.A. no.9 of 2021

Heard Mr. Shri Nandan Prasad Singh, learned Senior counsel appearing for the appellants and Mr. J.S. Arora, learned Senior counsel appearing for the respondents on the above applications.

2. I.A. no.5153 of 2013 was filed on 30.7.2013 on behalf of respondent nos.1(i), 1(ii) and 1(iv) praying that an order be passed regarding abatement of the appeal due to nonsubstitution of the legal heirs and representatives of respondent no.1(i) Lakshmi Narayan Gupta, respondent no.1(iv) Ashok Kumar and respondent no.1(vi) Sumitra Devi. It was stated therein that respondent no.1(i) died on 30.1.2001, respondent no.1(iv) died on 31.10.2011 and respondent no.1(vi) died on 18.2.2012. More than 90 days having passed since their deaths and the appellants not having taken steps for substitution of the said respondents by their legal representatives, it was prayed that appropriate orders be passed that the appeal had abated as against the deceased respondents and appeal itself h

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