IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 5th OF JANUARY, 2023 FIRST APPEAL No. 174 of 1998 BETWEEN:- 1 NARBADA EDUCATION SOCIETY HOSHANGABAD THROUGH BHAWANI SHANKER SHARMA, AGED 29 YEARS, S/O SETH GHASIRAM, R/O HOSHANGABAD, TEHSIL AND DISTRICT HOSHANGABAD (MADHYA PRADESH) 2 . NARBADA EDUCATION SOCIETY HOSHANGABAD THROUGH BHUPENDRA KUMAR VERMA, AGED 45 YEARS, S/O BABU GOURI SHANKAR VERMA, ADVOCATE, R/O HOSHANGABAD, TEHSIL AND DISTRICT HOSHANGABAD (MADHYA PRADESH) 3. NARBADA EDUCATION SOCIETY HOSHANGABAD THROUGH MADAN GOPAL AWASTHY, AGED 43 YEARS, S/O YADUNANDAN AWASTHY, R/O HOSHANGABAD, TEHSIL AND DISTRICT HOSHANGABAD (MADHYA PRADESH) .....APPELLANT (BY SHRI B.M. PRASAD- ADVOCATE) AND 1. STATE OF MADHYA PRADESH, THROUGH THE COLLECTOR, HOSHANGABAD (MADHYA PRADESH) 2. THE COLLECTOR, HOSHANGABAD ( MADHYA PRADESH) 3. DIVISIONAL SUPERINTENDENT OF EDUCATION NARBADA DIVISION, HOSHANGABAD (MADHYA PRADESH) 4. GOURISHANKAR SHARMA, AGED 40 YRS, S/O PANNALAL, TEACHER POSTED AT BETUL, TEHSIL & DISTRICT HOSHANGABAD (MADHYA PRADESH) .....RESPONDENTS 1 Signed by: ASHISH KUMAR LILHARE Signing time: 06-Jan-23 6:49:00 PM Signature Not Verified (G.S. AHLUWALIA) JUDGE This appeal coming on for direction this day, the court passed the following: ORDER As per the service report, the respondent No. 4 has expired. Accordingly, by order dated 30.01.2019, an opportunity was given to move appropriate application on account of death of respondent No. 4. Thereafter, on 21.11.2022, last opportunity was granted to file appropriate application. It is submitted by counsel for the appellants that he has recently been engaged in the month of December, 2022, but could not file an application for substitution of L.Rs of respondent No. 4. Abatement is by force of law and only a formal order is required to be passed. Thus, the appeal has already abated and in spite of opportunities, no application has been filed. Further by order dated 21.11.2022, it was specifically mentioned that the last opportunity is being given. However, the said opportunity has also not been availed. Accordingly, the appeal is dismissed as abated. However, the appellants shall have a liberty to move an application for setting aside abatement along with an application for condonation of delay. ashish 2 Signed by: ASHISH KUMAR LILHARE Signing time: 06-Jan-23 6:49:00 PM