Smt. Indira Bai Manikpuri v. Santosh Das Manikpuri

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet S.A. No. 45 of 2011 Smt. Indira Bai Manikpuri, W/o. Late Bhaktu Das Manikpuri, aged about 76 years, R/o. Chuna Bhatti Lakhe Nagar, Raipur, District Raipur (C.G.) ----Appellant.

VERSUS

Santosh Das Manikpuri, S/o. Manrakhan Das Manikpuri, aged about 74 years, R/o. Chuna Bhatti Near the house of Bharat Rawat Raipur, District - Raipur (C.G.) -----Respondent 19/02/2016 Mr. B.L. Soni, counsel for the appellant.

Mr. Manay Nath Thakur, counsel for the respondent.

Heard.

Perusal of the record shows that when the appeal was filed on 24.11.2010, the appellant, Smt. Indira Bai Manikpuri was dead. No separate application has been filed to set-aside the abatement. The appeal could not have been filed by a dead person as appellant, Smt. Indira Bai Manikpuri has breathed her last on 01.10.2010 as per death certificate. The appeal appears to be filed by the dead person and therefore, the appeal stands abated. Accordingly, the appeal is dismissed as abated. Sd/- (Goutam Bhaduri) Judge balram