Ghanshyam Prasad Tiwari v. Chhattisgarh Government Through Collector And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No.29 of 2014 Ghanshyam Prasad Tiwari S/o Ramanuj Tiwari Aged About 52 Years Chairman Shri Manokamna Sidh Hanuman Mandir Trust Rathore Chowk, Raipur, Distt. Raipur C.G., R/o Infront Of Nalghar Ring Road, Mathpurena, Raipur, Tah. And Distt. Raipur C.G. ---- Appellant

Versus

1.

Chhattisgarh Government Through Collector Raipur, Distt. Raipur C.G.

2.

Registrar Public Trust Raipur (Sub Divisional Officer), S.D.O. Office, Raipur, Distt. Raipur C.G.

3.

Raghunandan Rathore S/o Lakhmi Narayan Rathore R/o Rathore Chowk, Raipur, Tah. And Distt. Raipur C.G. ---- Respondents None for the appellant.

Shri Sameer Behar, Panel Lawyer for the State/respondents 1 & 2.

Shri Pravesh Kumar Sharma, counsel for respondent No.3. Hon'ble Shri Justice Chandra Bhushan Bajpai Order 15/10/2015 None for the appellant when the case is taken up for hearing. 2.

Perused the memo of appeal and records of the Courts below. 3.

Sole appellant died on 09.3.2015 and no any duly constituted application for substitution has been filed within its limitation to prosecute the instant second appeal as LRs of sole appellant. On 08.7.2015, learned counsel for the applicant prayed for opportunity to file duly constituted application in this regard. Till date no any application has been filed for substitution.

4.

As there is no any duly constituted application for substitution of the sole appellant, no any application regarding condonation of delay and also to set aside the abatement, the instant second appeal is dismissed as abated. No order as to cost.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini