Sarpanch,Grampanchayat-Mohad,Kareli vs Durga Singh & Anr
2022 Latest Caselaw 8018 MP

                                                         1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 17th OF JUNE, 2022

                                           SECOND APPEAL No. 613 of 2003

                               Between:-
                               SARPANCH,GRAMPANCHAYAT-
                               MOHAD,KARELI (MADHYA PRADESH)

                                                                                       .....APPELLANT
                               (NONE FOR THE APPELLANT )

                               AND

                               DURGA SINGH & ANR (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                               (NONE FOR THE RESPONDENTS )

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

On 25.03.2022, 12.04.2022 and 27.04.2022 also none appears on behalf of the appellant.

There is an application I.A. No. 2901/2022 under Order 22 Rule 4 (3) of

CPC on behalf of the legal heirs of respondent No.2, which is duly supported by an affidavit of son of respondent No.2 and death certificate of respondent No.2 Laxman Singh, who died on 13.05.2021 and application informing date of death was filed on 16.03.2022 on behalf of the legal heirs of the respondent No.2 after supplying copy to the learned counsel for the appellant namely Shri R.D. Gupta.

Signature
 SAN      Not
Verified

Till today, no application for substitution of legal heirs has been filed on Digitally signed by KUMARI PALLAVI SINHA behalf of the appellant. The decree has been passed in favour of both the Date: 2022.06.17 18:34:55 IST

respondents, which appears to be indivisible, therefore, due to death of respondent No.2 and for want of substitution application in that regard, the appeal in the light of judgment of Hon'ble Apex Court in the case of Madan Naik (Dead) by Legal Representatives and others Vs. Mst. Hansubala Devi and others since reported in AIR 1983 SC 676 has abated.

Accordingly, the appeal is dismissed as abated. However, the learned counsel for the appellant is free to file the application for substitution of legal heirs of respondent No.2 by way of filing separate MCC.

(DWARKA DHISH BANSAL) JUDGE Pallavi