FA/125/2017
2023 Latest Caselaw 1678 UK

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      19.06.2023                        FA No.125 of 2017
                                        Hon'ble Alok Kumar Verma, J.

Mr. B.D. Pandey, learned counsel for the proposed appellants through video conferencing.

2. Mr. Piyush Garg, learned counsel for the respondent nos.1 to 3 and Mr. Mahavir Kohli, learned counsel holding brief of Mr. Prashant Khanna, learned counsel for the respondent nos.7 & 8.

3. In the Original Suit (no.77 of 2014), present proposed appellants were defendants. In the said original suit, other defendants had filed a counter claim. The original suit was dismissed and counter claim was allowed. Against the said dismissal of the original suit, an Appeal has been filed, which is pending before this Court. Present proposed appeal has been filed against the judgment and decree, passed in counter claim against the plaintiffs.

4. During the hearing on admission of the present appeal, respondent no.4- plaintiff no.2 died.

5. Mr. B.D. Pandey, Advocate has submitted that in connected Appeal, deceased Mahant Rampuri has been substituted. In the present appeal, a Substitution Application, Delay Condonation Application and an Application for Setting Aside Abatement were filed, subsequently, the application for Setting Aside Abatement was withdrawn by the proposed appellants.

6. Summon FA No.35 of 2017 and FA No.36 of 2017 to decide rival contentions of the parties,.

7. List on 27.06.2023.

(Alok Kumar Verma, J.) 19.06.2023 JKJ/Pant