Per M.M. Kumar, CJ.

1. The instant appeal is directed against judgment and order dated 23.09.2002 rendered by the learned Single Judge of this Court while deciding CIA No. 53/1994, holding that the appeal filed by the appellant Salal Hydroelectric Project had abated on account of the fact that the erstwhile land owner-respondents 2 & 3-Soba Ram and Daya Ram had expired on 25.11.1991 & 17.05.1987 respectively.

2. The view of the learned Single Judge on this principal issue would read as under:-

"Viewed thus, prayer for leave to amend the memorandum of appeal by substituting the legal representatives of deceased-respondents Soba Ram and Daya Ram in their respective places in the memorandum of appeal is not sustainable and the same is rejected as a consequence, whereof, the appeal is incompetent because of the reasons that the impugned decree and judgment has attained finality so far as the legal representatives of the decease Soba Ram and Daya ram respondents No. 2 and 3 are concerned; the success of appeal in hand against the impugned judgment and decree will under all circumstances lead this Court to pass a decree and judgment which may be in conflict between the appellants and the le

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