Deendayal Chourasiya vs Umashanker Lakhere
2022 Latest Caselaw 5184 MP

                                                           1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                   ON THE 8th OF APRIL, 2022

                                            SECOND APPEAL No. 272 of 2014

                               Between:-
                               DEENDAYAL CHOURASIYA S/O LATE KADORELAL
                               CHOURAISYA, AGED ABOUT 58 YEARS, GALLA
                               MANDI NEAR MANAS BHAWAN CHHATARPUR
                               (MADHYA PRADESH)

                                                                                           .....APPELLANT
                               (NONE FOR THE APPELLANT EVEN IN THE SECOND ROUND AT
                               4:30 PM)

                               AND

                               UMASHANKER LAKHERE S/O RAMPRASAD
                               LAKHARE , AGED ABOUT 50 YEARS, TOURIYA
                               MOHALLA CHHATARPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS


                            T h is appeal coming on for hearing this day, the court passed the
                      following:
                                                            ORDER

This is an appeal by the tenant against the concurrent judgment and decree

passed by two Courts below on the grounds of eviction under the M.P. Accommodation Control Act, 1961.

There is an interim order of staying eviction of the appellant from the suit premises but record shows that the appeal has not been admitted so far and the counsel for the appellant is not interested in arguing the matter. As such the interim protection granted to the appellant is hereby vacated.

Further, as per the information given by the counsel for respondent No.1 on 26/06/2021, the respondent has died in the year 2016 and the counsel for the appellant has not taken any steps to substitute the legal heirs of the respondent hence, in view of the law laid down by the Hon'ble Apex Court in the case of Madan Naik Vs. Hansubala Devi reported in AIR 1983 SC 676, the appeal Signature SAN Not has abated.

Verified

Digitally signed by Hence, the appeal is dismissed as abated. RASHMI RONALD VICTOR Date: 2022.04.08 17:27:43 IST

Registry is directed to return the record of the Courts below.

(DWARKA DHISH BANSAL) JUDGE RS