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2025 DAILYLAW 171830 (ALL)

JAGDISH CHANDRA AND OTHERS v. ISHWAR DAYAL

SAPL/2309/1982 · 2025-10-29

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SECOND APPEAL No. - 2309 of 1982 Court No. - 36 HON'BLE ROHIT RANJAN AGARWAL, J. 1. On 14.08.2025, notice was issued to appellants to engage another counsel. 2. Office report dated 17.09.2025 repeated on 29.10.2025 indicates that notice sent to appellants has returned back with postal remark, appellant nos. 1 and 2- "deceased" and appellant nos. 3 to 5- "insufficient address". 3. In view of said office report, as appellant nos. 1 and 2 have died and no substitution application has been moved, the appeal abates as far as appellant nos. 1 and 2 are concerned. As far as, respondent nos. 3 to 5 are concerned, the notice is deemed sufficient. 4. As no one has put in appearance on behalf of appellant nos. 3 to 5 to press the appeal, the appeal is dismissed for want of prosecution as far as respondent nos. 3 to 5 are concerned. 5. Interim order, if any, stands vacated. October 30, 2025 V.S.Singh Versus Counsel for Appellant(s) : A.N. Bhargava Counsel for Respondent(s) : D.P. Singh (Rohit Ranjan Agarwal,J.) Jagdish Chandra And Others .....Appellant(s) Ishwar Dayal .....Respondent(s) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad