HAR DEI Vs. ISHWAR DASS

JUDGEMENT

(1.) CMP(M) No. 551 of 2007 Heard. Delay condoned. Disposed of. CMP(M) No. 151 of 2008 Heard. Allowed. LRs named in the application, are ordered to be substituted as respondents in place of deceased respondent No.1. Disposed of. C. Rev. No. 35 of 2007 Heard and gone through the record. Decree for possession of site of a hut had been passed by the two courts below in favour of the respondents and against the present petitioners. Petitioners challenged the decrees of the two courts below by filing an appeal. That appeal was dismissed vide judgment dated 23.4.2007. Whether reporters of the local papers may be allowed to see the judgment?

(2.) In the present review petition, it is alleged that decree is inexecutable, on account of site of the hut being not identifiable. Submission is without merit, because there is reference to a tatima in the judgment and the location of the hut is indicated in that tatima. Therefore, contention that the site is not identifiable and hence the decree in inexecutable, is unfounded.

(3.) Another ground of review is that one of the appellants was dead when the appeal was dismissed. As regards appellant, who was dead and whose estate was not represented, appeal is to be treated to have abated on account of his LRs having not taken any steps to come on record and the effect of the abatement is similar to that of the dismissal of the appeal. Appeal as already noticed, has been dismissed on merits.