ASHWANI KUMAR SINGH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri Sudeep Harkauli and Sri P.C. Jain, learned counsel for the petitioner and Sri Ramendra Asthana, learned counsel for respondent No.3.

(2.) Petitioner instituted O.S. No.127 of 1971 against his father (defendant No.1), uncle Awadesh Narain Singh (defendant No.2) and nine others. The suit was for cancellation of certain sale deeds executed by father and uncle of the petitioner. Some sale deeds were executed in favour of defendants No.7 & 8, Giriraj Singh and Shiv Nath Singh, who are respondents No.2 & 3 in this writ petition. His suit was decreed in 2008. Against the said decree, both Giriraj Singh and Shiv Nath Singh filed Civil Appeal No.158 of 2008. The appeal is pending before A.D.J. Court No.11, Agra. In the appeal plaintiff petitioner was made respondent no.1 and other defendants were made proforma respondents.

(3.) Three proforma respondents in the appeal i.e. respondent No.3/6, respondent No.6/2 and respondent No.7 died in 2009-2011. No substitution application was filed. Plaintiff respondent No.1 filed an application numbered as 40-ka praying for dismissal of the appeal as abated. Appellants respondents No.2 & 3 in this writ petition filed objections stating therein that respondent No.3 had not filed any written statement before the trial court and his legal representatives had also not filed written statement, that legal representatives of respondent No.6/2 were already on record as other proforma respondents in the appeal and respondent No.7, Raghuvir Singh had already filed another appeal against the same decree of the trial court which had been consolidated with the appeal in question.