Court No. - 17 Case :- SECOND APPEAL No. - 48 of 2003 Appellant :- 2.P.Power Corporation Ltd.Thr. Its Chairman Lucknow And Ano. Respondent :- Smt. Chhuhara Devi And Another Counsel for Appellant :- D.K.Srivastava,Ran Vijay Singh Counsel for Respondent :- A.K. Verma,Dharmendra Kumar Gupta,Ramesh Gupta Hon'ble Rajeev Singh,J. 1. Heard Sri Gaurav Joshi, Advocate holding brief of Sri Ran Vijay Singh, learned counsel for the appellant and Sri Dharmendra Kumar Gupta, learned counsel for the legal heirs of the respondent. 2. The present second appeal is filed with the following prayer :- "Wherefore, it is most respectfully prayed that this Hon'ble High Court may kindly be pleased to admit the present appeal as it involves the substantial question of law and may kindly be pleased to set aside the judgment and decree dated 15.7.2002 passed by the learned VIth Additional District Judge, Raebareli in Civil Appeal No.44 of 2000 and the judgment and decree dated 25.2.2000 passed by the learned Civil Judge (Senior Division), Raebareli in Regular Suit No.219 of 1997." 3. Learned counsel for the respondent submits that Suit No.219 of 1997 (Smt. Chhuhara Devi & Anr. Vs. State of U.P. & Anr.) was allowed vide judgment and order dated 25.2.2000, thereafter, appellants preferred Civil Appeal No.44 of 2000 against Smt. Chhuhara Devi W/o Ishwardeen, R/o Halore, Pargana Samrouta, Tehsil Maharajganj, Raebareli and another, as Smt. Chhuhara Devi had died on 15.11.1999 but this fact was not brought on record. He further submits that as appeal was filed by the appellants against a dead person, which was dismissed on 15.7.2002, thereafter, present second appeal was filed against order dated 15.7.2002 arraying Smt. Chhuhara Devi as respondent no.1 (already died on 15.11.1999), in which, delay was condoned on 18.2.2003 and the office has categorically reported in its report dated 19.7.2003 that respondent no.1 has already died and in the report dated 25.7.2003, it was also ordered that appellant counsel be informed. He also submits that vide order dated 17.10.2003 without taking this fact that respondent no.1 was died prior to filing of appeal, execution proceeding was stayed by this Court, thereafter, application for recall of the order dated 17.10.2003 was filed by the respondent no.2. 4. Learned counsel for the respondent further submits that no substitution application was filed by the appellants in relation to the respondent no.1, thereafter, respondent no.2 also died on 16.1.2005, then application for dismissal of second appeal was filed on 28.11.2024 by Sharda Prasad, who is legal heir on the basis of will deed executed by the respondent no.2 but no appropriate step was taken by the appellants, therefore, appeal may be dismissed as abated. 5. Learned counsel for the appellant unable to reply the aforesaid submissions of learned counsel for the respondents. 6. In view of the above facts and circumstances, present second appeal is dismissed as abated. Order Date :- 29.7.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench