IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.344 of 2007 MUNDRIKA SINGH & ORS. versus SUBHASH CHAUDHARY & ORS. For the Appellants : Mr. Sashi Shekhar Dwivedi, Sr. Advocate Mr. Ranjan Kr. Dubey Mrs. Sangeeta Sharma Mr. Rakesh Chandra For the Respondents : Mr. Ashok Priyadarshi, Advocate 11. 22.07.2010 Heard learned counsel for the appellants and respondents. With their consent this appeal is hereby being disposed of finally at this stage. This appeal has been preferred against order dated 04.06.2007 passed in First Appeal No. 403 of 1999 by Court of Additional District Judge, Fast Track Court IVth, Muzaffarpur, dismissing the appeal as abated. Undisputedly, the appeal was initially pending here in this Court, but subsequently after consideration on the point of Jurisdiction, it was transferred to the Court of District Judge, Muzaffarpur. During the period sole appellant Kaushalya Devi died on 17.05.2005 and her heirs file petition for substitution on 19.12.2006, but on objection of the respondents apart from the ground of delay, prayer of the heirs of sole appellant was refused on the ground that the petition for substitution was not accompanied with the petition under Section 5 of the Limitation Act for condonation of the delay, rather it was filed only after objection being taken. It is to be noticed in instant case that appeal was pending here in this Court for a substantial period and it was transferred to - 2 - Muzaffarpur, but the appellants were not aware of such order that was one of the causes in delayed filing of substitution petition as submitted. The learned counsels after some arguments are in agreement to this position that for the delay caused the appellants should compensate the respondents in terms of money. Taking into consideration all such aspects of the case, the appeal is allowed, impugned order is set-aside, subject to payment of cost of Rs. 1,500/- (One Thousand Five Hundred) to the respondents and matter is remitted to the lower appellate court for hearing and disposal of the appeal on merit. Simultaneously, court below is directed to proceed expeditiously and preferably disposed of the appeal within a week which has already been travelled for eleven years. Parties are directed to appear before the court below on 30th August, 2010 and office is directed to transmit the Lower Court Record along with copy of this order, meanwhile insure its arrival of its destination by the date fixed. Praveen (Akhilesh Chandra,J.)