1. This Court on 1.10.2012 passed following order:-
“This is very old matter. The order-sheet reveals that though several opportunities have been given to the learned advocate for the appellants right from the order dated 20.06.2009 passed by the Registrar (Judicial) and the order dated 11.08.2010 passed by this Court, learned advocate for the appellants has not taken any step for brining the heirs of expired respondents No.2 and 4. Because of this reason, this matter is continued to be shown in board for orders as 'unready matter'. The appeal, therefore, stands abated qua expired respondents No.2 and 4. The appeal shall however proceed further so far as other respondents are concerned.
In view of the above, the office is directed to show this appeal as ready matters' on board of 08.10.2012.”
2. Thereafter, this Court passed further order on 7.12.2012, which reads as under:-
“Learned advocate for the appellant informs the Court that the respondent No.1 Kumbhar Heera Karsan has expired long back. She requests for time to take necessary steps for the purpose of moving an application to bring heirs of respondent No.1 on record of this Second Appeal.
In view of the above, the matter is adjourned to 19th December 2012.”
3. Respondent No.1 was original plaintiff and other respondents were defendants in the suit with the present appellants. Therefore, the only contesting party in this appeal was respondent No.1.
4. As referred in above order dated 7.12.2012, respondent No.1 has also expired long back. Learned advocate for the appellants was granted time to take necessary steps for the purpose of moving an application to bring heirs of respondent No.1 on record of the Second Appeal. However, no such application is filed.
5. In view of the above, the appeal stands abated. Disposed of accordingly.
omkar Sd/-
(C.L. SONI, J.)