MIAN MOHD AKBAR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS civil First appeal, which is registered as Letters Patent Appeal is pending disposal since 1976. The appeal is filed under section 39 of the Arbitration Act against the judgment of the learned Single Judge of his court dated March 25, 1976 making the award a rule of the court on a reference made under the Arbitration Act.

(2.) ON perusal of the proceedings, transpires that on August 13, l985, Mr. Tikku, learned counsel for the appellant made a declaration at he bar that he has been informed that Mian Mohd Akbar, one of the partner of the firm died during the pendency of the appeal, since then no steps have been taken for further progress of the -case and the time was obtained, from time to time for arguments. When this appeal came up for hearing, learned counsel appearingfor Mr. Tikku further prayed for time and was unable to argue the appeal.

(3.) IN view of the fact that this is an old appeal, which is pending for the last 12 years, we ask the learned counsel for the appellant to argue the appeal, which he was unable to do. This being a civil appeal the appellant having failed to point out any illegality or infirmity in the judgment impugned, no obligation is cast on the court to decide the appeal on merits.