RAMAYAN AND ORS. Vs. RAMJIYAWAN AND ORS.

JUDGEMENT

(1.) Original Suit No. 1028 of 1974, Ramayan & Another v. Ramjiyawan & Anr. was filed for the relief of recovery of possession and permanent injunction. This suit was dismissed by the judgment dated 10.02.1978 of Ist Addl. Munsif, Gorakhpur. Against this judgment of trial court, Civil Appeal no. 163 of 1978 Ramayan & Another v. Ramjiyawan & Anr. was preferred, which was heard and partly allowed, and original suit no. 1028/ 1974 was partly decreed by judgment dated 21.02.1980. against the judgment dated 21.02.1980 of first appellate court Second Appeal no. 1505 of 1980 Ramayan & Another v. Ramjiyawan & Anr. was preferred by the two plaintiffs of the original suit against the two defendants of the original suit, which was admitted on 8.9.1980 by this court.

(2.) During pendency of this second appeal all parties of this second appeal, both appellants and both respondents had died.

(3.) The respondent side had moved Abatement application no. 242955/ 2015 (dated 22.7.2015) when no party was substituted after the death of all appellants and respondents. This was supported by affidavit of Sant Lal, son of original respondent no.-2 Bhogai. In this affidavit it is written that (1) appellant no.-1 died in year 1992, (2) appellant no.-2 died in year 1994, (3) respondent no. 1 died in year 2010, and (4) respondent no. -2 died in year 1995; so this appeal should be dismissed as abated.