Harsh & Anr vs Shyam Sunder & Ors
2024 Latest Caselaw 5824 MP

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

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