State Of U.P. Thru District ... vs M/S Sri Mahavir Engineering ...
2023 Latest Caselaw 21690 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Court No. - 19
 

 
Case :- SECOND APPEAL No. - 538 of 1985
 

 
Appellant :- State Of U.P. Thru District Magistrate Lucknow And 3 Others
 
Respondent :- M/S Sri Mahavir Engineering Lucknow
 
Counsel for Appellant :- C.S.C.
 

 
Hon'ble Jaspreet Singh,J.

The instant second appeal is of the year 1985, which has been filed by the State against a judgment and decree for recovery of money for a sum of Rs.4147.00/-.

The record further indicates that the respondent is the sole proprietorship of Sarjoo Prasad Dube, who was aged about 68 years at the time of institution of the appeal in the year 1985.

The record would further indicates that the matter has been listed peremptorily and repeatedly and by means of order dated 15.05.2023, the Court had directed the learned Standing counsel to seek the whereabouts of the respondent, but till date there is nothing on record as to the status of the respondent.

Considering the fact, which is available on record that the sole proprietorship of Sarjoo Prasad Dube, who was 68 years of age in the year 1985 and in all probabilities, he may not be in this world, accordingly, the appeal is abated.

In case, if the appellants has any cause, he can move an appropriate application, which shall be considered on its own merit.

Order Date :- 10.8.2023

Gurpreet Singh