- (1.) THIS intra-court appeal against the judgment and order dated 22.12.1999 as passed in S.B.Civil First Appeal No.77/1980 has been filed by 3 of the legal representatives of the original plaintiff (respondent in the first appeal). An application has been moved on behalf of the respondents (IA No.671/2012) with the submissions that the appellant No.1/1 Smt. Kamla Devi (i.e., the wife of the original plaintiff) expired in the year 2006 leaving behind two sons, Bharat Puri and Umesh Puri; and two daughters Smt. Leela Kumari and Smt. Sudha Kumari. Even while stating that Bharat Puri and Umesh Puri are on record, it is contended that the said daughters have not been brought on record and, therefore, the appeal has abated.
(2.) AFTER going through the record, we expressed serious reservations on such kind of absolutely frivolous and baseless application when it appears that Smt. Kamla Devi was one of the legal representatives of the original plaintiff (respondent in the first appeal) and moreover, when all her legal representatives are on record; the sons as appellants and the daughters as proforma respondents. Upon our expressing such reservations, the learned counsel for the respondents seeks permission to withdraw from the application (IA No.671/2012).
(3.) THOUGH having regard to the submissions frankly made, we are permitting the respondents to withdraw but still we feel that for moving such frivolous, baseless, and unnecessary application, the applicant ought to be saddled with some amount of costs, may be token in nature.;