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2025 DAILYLAW 6855 (HP)

BRAHM DUTT v. BANDANA

RSA/159/2016 · 2025-05-27

Vivek Singh Thakur

body2025

Judgment text

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1 2025:HHC:16075 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RSA No. 159 of 2016 Date of Decision: May 27, 2025 Brahm Dutt ….Appellant. Versus Bandana and another ..Respondents. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Appellant: None. Appellant is stated to have expired. For the Respondents: Ms.Shrutika, vice Mr.Dheeraj K. Vashisht, Advocate. Vivek Singh Thakur, J (Oral) On 02.01.2025, it was informed by learned counsel for the respondents that as per information available with him, appellant has expired on 22.08.2022. 2. To verify aforesaid fact, learned counsel for the appellant was granted time and matter was adjourned for 06.03.2025. Thereafter, matter was adjourned for 12.03.2025. 3. On 12.03.2025, Mr.Shagun Sharma, Advocate, had appeared under instructions of original counsel Ms.Archna Dutt, Advocate, for legal heirs of the appellant and on his request, two weeks’ time was granted to have complete instructions and to take appropriate steps on account of death of appellant as 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:16075 permissible under law and matter was adjourned for 01.04.2025. Thereafter, steps were not taken despite adjourning the matter on request of learned counsel appearing for legal heirs of the appellant for consideration on 01.05.2025, 22.05.2025 and 27.05.2025, i.e. today. 4. Till date, neither fact of death of appellant has been disputed nor consequential steps have been taken. 5. Today, there is no representation on behalf of legal heirs of appellant. 6. From the above facts, legal heirs of appellant are not interested to pursue the matter. Accordingly, appeal is dismissed for non prosecution as also abated. Pending application(s), also stand disposed of. (Vivek Singh Thakur), Judge. May 27, 2025 (Purohit)