YAMUNA DAS SARDA Vs. RITA LAL

JUDGEMENT

(1.) It is stated that the present appeal was filed by the sole appellant(now deceased) father of the applicant herein, against the judgment and decree dated 29.07.2003 (Decree signed on 12.08.2003) passed in Title (Eviction) Suit No. 5 of 1992/2 of 2002 decreeing the suit on the ground of alleged default.

(2.) It is stated in the interlocutory application that on 18.08.2009, the sole appellant- Yamuna Das Sharda died leaving behind his surviving hears and legal representatives including the applicant.

(3.) It is stated in the interlocutory application that the applicant is aged about 72 years and has been suffering from High Blood Pressure, Diabetes Mellitus and Chest pain (Angina). He remained under treatment under Dr. V.N. Tiwary, a Heart-Chest Specialist, Ranchi since 1991 itself. Due to death of the deceased sole appellant, being father of the applicant, on 18.08.2009, the health condition of the applicant became also serious and, as such he was advised by the attending doctor to take complete bed-rest till full recovery and resuming normal condition.