SA/82/1989 of ISHWARI SINGH Ž I.PD.SINGH Vs SHYAM SUNDER PRASAD And ORS on 1 January 1989

1. Shital Mahaton 2.Ratneshwar Mahaton …. Appellants Versus 1(a)Bimla Devi 1(b)Huro Thakur 1(c)Basudeo Thakur 1(d)Janardan Thakur 2.Raghu Osta 3.Chintamani Mahaton 4.Bhutka Mahton 5.Karu Mahton 6.Masuki Mahton 7.Jagdish Pd.Mahaton 8.Budhan Mahaton 9.Hubad Mahaton10.Jugeshwar Mahaton11.Chitaamani Mahaton12.State of Bihar13.Bhagwat Mahton ...Respondents Coram : The Hon’ble Mr. Justice D.N.Upadhyay For the Appellants : NoneFor the Respondents : Mr. Awadhesh Pandey, Advocate

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17/10.12.2014I.A. no. 3511 of 2011 has been filed to delete the name of deceased appellant-Shital Mahaton, who died on 16.10.2010 leaving behind his legal heirs and successors whose names and addresses are described in paragraph-4 of this application. The application for substitution has not been filed within time and there is delay of 270 days. No separate application under section 5 of the Limitation Act has been preferred, though direction has been given to the appellants.

On repeated calls, nobody appears on behalf of the surviving appellant-Ratneshwar Mahaton.

It appears that the appellants have lost interest in pursuing the appeal and, therefore, the appeal stands dismissed.

( D.N.Upadhyay, J.)

s.b.