- (1.) HEARD learned counsel for the applicant/appellant and respondents.
(2.) THE second appeal was dismissed for want of prosecution vide order dated 16.04.2010. Learned counsel for the applicant/appellant Mr. Arpit Bhoot, submits that the appeal was filed in the name of Jabarmal, who was only office bearer of landlord Trust, namely, "Pushkarna Brahmin Bhimji-Ka-Mohalla Vikas Samiti" and, therefore, on his death, the appeal could not be dismissed for want of prosecution, since the landlord Trust had never any information about the matter being taken up by this Court on 16.04.2010 and a notice ought to been sent to the Trust upon death of the office bearer, who was prosecuting the said second appeal.
(3.) MR . K.N. Vyas, learned counsel for the respondents (legal representative of original tenant Damodar Das) opposed the request and submitted that the present misc. application has been filed belatedly even without seeking condonation of delay.;