VIVEK KUMAR GUPTA Vs. RAMESH KUMAR & OTHERS

JUDGEMENT

(1.) Looking to the nature of the order, I propose to pass, it is not at all necessary to advert to the facts in detail. Suffice it to state that the predecessor-in-interest of the plaintiff filed a suit for declaration and permanent prohibitory injunction and the same was ordered to be returned to him to be presented before an appropriate authority.

(2.) The plaintiff filed an appeal before the First Appellate Court. However, the same was dismissed vide judgment and decree dated 25.02.2017, constraining his successor(s) to file the instant regular second appeal.

(3.) It is not in dispute that respondent No.27, Sh.Parsia, died on 31.10.2016, when the appeal was pending adjudication before the Additional District Judge, Solan and the same, therefore, stands abated.