RAM SWAROOP Vs. BAL KISHAN AND OTHERS

JUDGEMENT

(1.) Looking to the nature of order, I propose to pass, it is not at all necessary to refer to the facts in detail. Suffice it to state that the plaintiff/respondent filed a suit for declaration with consequential relief of permanent prohibitory injunction which was decreed by the learned trial Court holding the plaintiff to be co-owner and in possession to the extent of 1/10th share in land measuring 30 bighas 12 biswas.

(2.) The defendants filed an appeal before the learned first appellate Court. However, the same was dismissed vide judgment and decree dated 11.12.2015, constraining the appellant/defendant to file the instant regular second appeal.

(3.) The appeal is at the stage of consideration of application for condonation of delay as the same is barred by 100 days. However, when the notices were issued in this application, it was reported that some of the parties to the lis i.e. respondent No. 1 and respondent No. 13 have died before the filing of the present appeal whereas respondent No.2 died on 27.8.2014 when the appeal was pending adjudication before the first appellate Court.