HIGH COURT OF CHHATTISGARH BILASPUR Second Apgeal No.23o of 2004 APPELIJANTI: - {Respondent (in first appeal)}/ (Plaintiff) v \ RESPONDENTS/ {Appellant (In first appeal)}/ (Defendant No 1) BIsHal S/o Shrl Gajapatu Verma aged 78 years Occupation Agriculture R/o Village Sukhatal Tahsll Kawardha District Kabir Dham (C.G.) Versus Dhanwatl Bai, Widow of Late Shivbhajan aged 37 years Occupation Agriculture & Housewrfe R/o Village Sukhatal TahSII Kawardha District Kabir Dham (C.G.) (Respondenty 2. State of Chhattisgarh through Collector‘ (Defendant No.2) Kabir Dham (C.G.) {Secpnd appeal under Section 100 of the Code of Civil Procedure} Present: Mr, Malay Shrivastava, counsel for the appellant. Mrs. Renu Kochar with Mr. Dashrath Lal Prajapati, counsel for respondent No 1 @ Mr SumitJhanwar Panel Lawyer forthe State/respondent No 2 Single Bench Hon ble Mr ‘l P Sharma, J ORDER (3O 9 2011) 1. By this second appeal under Section 100- of the CPC, the appellant has challenged legality and propriety of the judgment & decree dated 12-2-2004 passed by the Additional District Judge (FTC), Kawardha in Civil Appeal No.18—A/2002. 2. Mr. Malay Shrivastava, Mrs. Renu Kochar & Mr. Dashrath Lal Prajapati submit that as per the instructions received from local counsel by Mr. Malay Shrivastava, the sole appellant has died in the year 2007. 3. Till today, nobody has filed any application under Order 22 of the CPC. . Consequently, the appeal abates and the same is dismissed as abated. No \ v e r u' Sd/. order as to costs. _ T. P. Sharma Judge Soma M