Madhya Pradesh High Court
Harsh & Anr vs Shyam Sunder & Ors on 26 February, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 26 th OF FEBRUARY, 2024
FIRST APPEAL No. 213 of 2002
BETWEEN:-
1. HARSH S/O SHYAM SUNDER BINDAL, AGED ABOUT
24 YEARS, R/O SUBHASH WARD, NEAR NEW BUS
STAND, HARDA (MADHYA PRADESH)
2. JAI S/O SHYAM SUNDER BINDAL, AGED ABOUT 22
YEARS, R/O SUBHASH WARD, NEAR NEW BUS STAND,
HARDA (MADHYA PRADESH)
.....APPELLANTS
(NONE)
AND
1. SHYAM SUNDER S/O KESHRIMAL BINDAL, AGED
ABOUT 48 YEARS, R/O NEW BUS STAND, SUBHASH
WARD, HARDA (MADHYA PRADESH)
2. KESHRIMAL S/O HAZARIMAL BINDAL, AGED ABOUT
60 YEARS, R/O NEW BUS STAND, SUBHASH WARD,
HARDA (MADHYA PRADESH)
3. SMT. SUSHEEL W/O SHYAM SUNDER BINDAL, R/O
NEW BUS STAND, SUBHASH WARD, HARDA (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI ISHTEYAQ HUSSAIN AND SHRI RAVIKANT PATEL-ADVOCATES
FOR RESPONDENT 1)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
Learned counsel for respondent 1 submits that respondent 1-Shyam Sunder has died, therefore, looking to the nature of judgment and decree, this Signature Not Verified Signed by: SWETA SAHU Signing time: 2/27/2024 2:51:35 PM 2 first appeal is rendered infructuous.
2. As none is appearing for the appellants, it appears that appellants have lost their interest in prosecuting the first appeal.
3. Accordingly, this first appeal is dismissed for want of prosecution with cost of Rs.5,000/- (Rs. Five thousand only).
4. It is made clear that, if any application for restoration is filed, the deposition of cost of Rs.5,000/- with the State Legal Services Authority, Jabalpur shall be a condition precedent to entertain the application for restoration, if any.
5. Pending application(s), if any, shall stand dismissed.
(DWARKA DHISH BANSAL) JUDGE ss Signature Not Verified Signed by: SWETA SAHU Signing time: 2/27/2024 2:51:35 PM