1 (SA No. 399 of 2013) CGHC010193572013 2026:CGHC:40486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 399 of 2013 1 - Shrikant Tiwari S/o Late Ramanuj Tiwari Aged About 61 Years R/o Masanganj, Bilaspur, Tah. And Distt. Bilaspur C.G., Chhattisgarh --- Appellant(s) versus 1 - Mongrabai D/o Kheduram Aged About 45 Years R/o Masanganj, Azad Nagar, In Front Of House Of Ramchandra Mishra, Bilaspur, Distt. Bilaspur C.G., Chhattisgarh --- Respondent(s) For Appellant :- Mr. Alok Bakshi, Advocate For Respondent:- None though served. SB - Hon'ble Smt. Justice Sushma Sawant Judgment On Board 16.09.2026 1. The matter is taken up today as per order sheet dated 28.03.2023. It is reported that the sole respondent namely, Mongra Bai has died. 2. On the death of the said respondent, the appellant was required to take appropriate steps for bringing the legal ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2026.09.18 11:00:16 +0530 2 (SA No. 399 of 2013) representatives of deceased sole respondent, Mongra Bai, on record. However, despite the said opportunity, no application for substituting the legal representatives has been filed by the appellant till date. 3. The period prescribed under Article 120 of the Limitation Act, 1963 for bringing the legal representatives on record has already expired. The appellant has also failed to take appropriate steps for setting aside the abatement within the prescribed time period and has not placed any satisfactory explanation before the Court for the prolonged delay and for non compliance with order dated 20.03.2023. 4. In these circumstances, this appeal stands abated, as the respondent, Mongra Bai, died in the year 2023 and her legal representatives have not been brought on record, by operation of law under Order XXII Rule 4 of the Code of Civil Procedure, 1908. Since the deceased respondent was the sole respondent and there is no surviving respondent against whom the appeal can effectively proceed, accordingly, this second appeal stands dismissed having become abated. Sd/- (Sushma Sawant) Judge @d!t!