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2016 Supreme(All) 126

PRAMOD KUMAR SRIVASTAVA
RAMAYAN – Appellant
Versus
RAMJIYAWAN – Respondent


Advocates:
Counsel :
V.B. Khare and Vishnu Swaroop for the Appellants; Pt. Sri Rang Mishra, A.K. Mishra and Vrindawan Mishra for the Respondents.

JUDGMENT

Hon’ble Pramod Kumar Srivastava, J.—Original Suit No. 1028 of 1974, Ramayan and another v. Ramjiyawan and another, was filed for the relief of recovery of possession and permanent injunction. This suit was dismissed by the judgment dated 10.2.1978 of Ist Additional Munsif, Gorakhpur. Against this judgment of trial Court, Civil Appeal No. 163 of 1978 Ramayan and another v. Ramjiyawan and another, was preferred, which was heard and partly allowed, and original suit No. 1028/1974 was partly decreed by judgment dated 21.2.1980. against the judgment dated 21.2.1980 of first appellate Court Second Appeal No. 1505 of 1980 Ramayan and another v. Ramjiyawan and another, was preferred by the two plaintiffs of the original suit against the two defendants of the original suit, which was admitted on 8.9.1980 by this Court.

2. During pendency of this second appeal all parties of this second appeal, both appellants and both respondents had died.

3. The respondent side had moved Abatement application No. 242955/2015 (dated 22.7.2015) when no party was substituted after the death of all appellants and respondents. This was supported by affidavit of Sant Lal, son of original respondent No. 2
























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