MC 1762/2008 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms. Sarma, learned counsel for the applicant. It has been submitted by the learned counsel for the applicant/appellant that th e respondent No.3, Surya Munda @ Surjo Das @ Surjo Munda has expired in the year 2009, as is evident from the report of the process server. No application for bringing the legal heirs of the said respondent has been file d. Hence, this application as well as the application filed in Misc. Case No.3745/2 007 and also the appeal being RSA No.114/2007 stands abetted in so far as the re spondent No.3 is concerned. It would, however, not preclude the applicant from filing the appropriate applic ation. The names of the respondent Nos.5, 6 and 7 are also struck off from the list of respondents, as prayed for by the learned counsel for the applicant. The question of maintainability of the appeal in the absence of the respondent N os.3, 5, 6 and 7 will be considered at the appropriate stage. It appears from the report of the Registry that the other respondents are served and the respondent No.1 has entered appearance through the learned counsel. Having heard the learned counsel for appearing parties, the prayer for substitut ion of the legal heirs of the respondent No.2 is allowed. Smti. Kamla Manki, Master Rohit Manki (minor) and Miss. Akriti Manki (minor), wh o are represented by Smti. Kamla Manki being the mother, are substituted in plac e of the deceased/ respondent No.2, Ratan Manki @ Tarik Manki. Registry is directed to amend the cause title accordingly. Misc. Case stands disposed of.