Sudarshan & ANR. v. Raj Rani @ Rajjo

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 168/2013 SUDARSHAN & ANR.

..... Appellant Through:

None.

versus RAJ RANI @ RAJJO ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 09.08.2017 Perusal of the order dated 26.04.2017 passed by the Registrar of this court reveals that appellant had stated before the Registrar that since the respondent has expired, the appellant wishes to withdraw the appeal and requests to place the matter before the Hon'ble Court. The matter was listed before this court on 20.07.2017, when nobody appeared on behalf of the appellant and the same was adjourned for today. Nobody appears on behalf of the appellant even today. Record of the case is perused, which shows that the respondent had expired on 29th January 2017. Thereafter, despite the opportunity granted to the appellant, no steps were taken to bring on record the legal representatives of the deceased respondent. As a result thereof, the appeal stands abated against the respondent.

Even otherwise, the appellant has shown its desire to withdraw the present appeal, which shows that the appellant is not interested to pursue the appeal. In the facts and circumstances of the present case, the appeal filed by the appellant is dismissed for non-prosecution. P.S.TEJI, J AUGUST 09, 2017 pkb