- (1.) LEARNED counsel for the respondent-plaintiff submits that the sole respondent, Himmat Singh since has expired about 4-5 years back, however, no steps have been taken by the appellants- defendants for bringing the legal representatives of deceased respondent on record. He, therefore, submits that the present appeal preferred by the appellants-defendants against the judgment and decree dated 28.04.1997 passed by learned Additional District Judge No.2, Udaipur in Civil Suit No.107/1988- Himmat Singh Vs. LR's of Lalu Ram, has abated.
(2.) BY the instant first appeal, the appellants-defendants have called in question the finding given by the learned trial court to the effect that the defendants are the tenant of the plaintiff- Himmat Singh and not of the Wakf Board. Admittedly, after the death of the sole plaintiff- respondent, Himmat Singh, no steps have been taken by the present appellants for bringing the legal representatives of the sole respondent. The present appeal is accordingly dismissed as having abated. A copy of this order be sent to the court below and both the parties including the legal representatives of deceased respondent at the address given in the memo of appeal. No costs.;