Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Second Appeal , Sole Defendant-appellant Expired-no Substitution Application Filed-Second Appeal Dismissed As Abated.
JUDGEMENT TITLE : Gauri Shanker Srivastava Vs. Shri Radha Kishna Ji Maharaj Sri Mulloo Swami,B.M. On 27/09/2006 By Allahabad High Court
CASE NO : SECOND APPEAL NO. 831 OF 1982
CORAM : Hon'ble Satya Poot Mehrotra,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 19
Second Appeal No. 831 Of 1982
Gauri Shankar Srivastava Vs. Sri Radha Kishnaji Maharaj Sri
Mulloo Swami Birajman Mandir

Hon. S.P. Mehrotra, J.
Case Called Out In The Revised List.
It Appears That Civil Misc. ( Abatement ) Application No. 6327 Of 1987( Dated 27.10.1987) Has Been Filed On Behalf Of Plaintiff-respondent.
In Paragraph No. 2 Of The Affidavit Accompanying The Aforesaid Abatement Application, It Is , Interalia, Stated That Gauri Shankar Srivastava ( Defendant -appellant ) Expired On 5.4.1984.
In View Of The Above Averment Made In The Aforesaid Abatement Application , The Court By Its Order Dated 20.9.2006 Directed The Office To Submit Its Report As To Whether Any Substitution Application Had Been Filed On Behalf Of The Heirs And Legal Representatives Of The Said Gauri Shankar Srivastava ( Defendant-appellant ) For Being Substituted In Place Of The Said Gauri Shankar Srivastava ( Defendant-appellant ).
Pursuant To The Order Dated 20.9.2006, The Office Has Submitted Its Report Dated 25.9.2006.
A Perusal Of The Said Office Report Dated 25.9.2006 Shows That No Substitution Application Has Been Filed On Behalf Of The Heirs And Legal Representatives Of The Said Gauri Shankar Srivastava (defendant-appellant ) For Being Substituted In Place Of The Said Gauri Shankar Srivastava ( Defendant-appellant).
In View Of The Above, The Second Appeal At The Instance Of The Said Gauri Shankar Srivastava ( Defendant-appellant ) Stands Abated.
As The Said Gauri Shankar Srivastava Was The Sole Defendant-appellant, The Second Appeal Stands Dismissed As Having Abated.

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