2025:UHC:248 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 07.01.2025 IA/1/2024 (Substitution Application) IA/2/2024 (Delay Condonation Application) In AO No.99 of 2018 Hon’ble Vivek Bharti Sharma, J. Present Mr. Mohd. Azim, learned counsel for the appellant. 2. Mr. Prabhat Pande, learned counsel for respondent no.1. 3. A Substitution Application along with Delay Condonation Application has been filed by the appellant to substitute the legal heirs of the appellant as party in the memo of appeal. 4. Counsel for the applicants/legal heirs of the appellant would submit that only an application for substituting the legal heirs of the appellant has been moved after death of the appellant. 5. By the time the substitution application was filed, the suit had already stood abated and no application for setting aside the abatement by law has been filed. 6. Counsel for the applicants/legal heirs of the appellant seeks permission to file application for setting aside the abatement. 7. Heard. 8. The provisions for filing application for setting aside the abatement has already been provided in law, therefore, no permission is required to be granted. 9. In the absence of application for setting aside abatement of the appeal on behalf of the appellant, the Appeal stands abated. 10. Accordingly, the Appeal is dismissed as abated. (Vivek Bharti Sharma, J.) 07.01.2025 SS SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C42261361AED33172F152 148D, cn=SUKHBANT SINGH Date: 2025.01.08 18:31:43 +05'30'