CHANDRAKANT HIRALAL SODAGAR Vs. MAHESHBHAI NARPATLAL DESAI

JUDGEMENT

(1.) The Registry has put up a submission that notice was issued to the appellant on 15 th April, 2013 as per order dated 9th April, 2013, however, the appellant No.1 is unserved as expired.

(2.) The endorsement made by the bailiff reveals that the sole appellant has expired more than five years ago.

(3.) Despite the fact that the sole appellant has expired more than five years ago, no steps have been taken by his heirs and legal representatives to bring themselves on the record of the first appeal. Under the circumstances, in the absence of the heirs and legal representatives of the sole appellant having been brought on record within the statutory period, the appeal stands abated due to operation of law. The appeal is accordingly disposed of as having abated.