AD-04 Ct No.16 04.03.2025 TN FAT 1016 of 2004 IA No: CAN 4 of 2020 The Metro Railway Vs. Jogendra Singh Arora and another Mr. Uttam Kumar Bhattacharyya ….for the respondent no.1 (since deceased) 1. At the time of call, none appears to move the application on behalf of the appellant. 2. Learned counsel appearing for the claimant/respondent no. 1 submits that during pendency of the appeal, the claimant/respondent no.1 died. 3. Learned counsel for the said respondent hands over a copy of a communication dated July 26, 2023 which indicates that the respondent no.1 died intestate on June 05, 2023. By the said communication, the factum of demise of the respondent no.1, the date of death and the particulars of the heirs were supplied to the appellant. 4. However, till date no steps have been taken for substitution of the heirs of the said deceased respondent no.1. 5. Accordingly, for all practical purposes, the appeal has abated. 2 6. Accordingly, FAT 1016 of 2004 is recorded to have abated and disposed of accordingly. Consequentially, CAN 4 of 2020 is rendered infructuous and also stands disposed of. 7. There will be no order as to costs. 8. It is made clear, however, that this order recording abatement and disposal of the appeal and application on such count is subject to the outcome of any application, if filed subsequently by the appellant, for substitution after setting aside the abatement on condonation of delay. 9. The successors of the deceased claimant/respondent no.1 are permitted to withdraw the amount deposited by the appellant with the learned Registrar General of this court in connection with the appeal, subject to the satisfaction of the learned Registrar General as to the heirship of such persons. 10. However, it is clarified that this order and the permission to withdraw the amount will be subject to any order which may subsequently be passed in any application for substitution after setting aside the abatement on condonation of delay, if filed on behalf of the appellant. (Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)