During pendency of the Second Appeal, learned counsel for the appellants has passed away. Thus, card notice was issued to the appellants. As per service report dated 19.8.2019, appellant nos. 1 to 4 have died. Notice on behalf of the appellant no. 5 was received by his nephew, however none has filed an application for substitution of the legal heirs of the appellants.
Despite notice, failure on the part of the legal heirs of the appellants to make the requisite application clearly indicates that they have lost interest in prosecuting the cause.
The Second Appeal is thus dismissed having abated insofar as appellant nos. 1 to 4 are concerned. The appeal is dismissed for want of prosecution insofar as appellant no. 5 is concerned.
Order Date :- 27.8.2019 kanhaiya