JUDGMENT :

1. Heard.

2. By means of the present petition, petitioner has assailed the order dated 15.03.2023 passed by opposite party no. 1-Settlement Officer Consolidation in appeal registered as Case No.1357/2020, Computerized Case No. 201854083000001357 (Surya Pal and Others Versus Shyam Narayan and Others), which was preferred under Section 11(1) of U.P. Consolidation and Holdings Act 1953 (in short Act of 1953), assailing the order dated 23.01.1965 passed in Case No. 3792 under Section 9A(2) of the Act of 1953 by the Consolidation Officer Bargaon, District Gonda.

3. The facts in brief which are relevant for disposal of the present petition, is to the effect that the appeal was filed impleading dead persons (17 persons). This appeal was preferred alongwith application for condonation of delay duly supported with the affidavit, before opposite party no.1-Settlement Officer Consolidation, Gonda.

4. After presentation of appeal the notices were issued by opposite party no.1. Upon service of notice, petitioner no.1-Surya Prakash alongwith Ram Kewal and Ram Roop Yadav, preferred an application for dismissal of appeal on the ground that appeal has been filed against the dead persons.

5. O