In appeal filed before the additional court, LR petition was filed along with condone delay petition by appellant .
In condone delay petition, the petitioner/appellant is not coming for argument and the condone delay petition has been pending for almost 3 years. The Judge keeps on adjourning the matter with short dates.
Now what if the condone delay Petition is dismissed ?. I am aware that the LR petition will also get dismissed. In such a case will the appeal abate as there are no other living appellants, and the only appellant is a single person in respect of whom the LRs have filed the above application ?.
Moreover it seems the LRs who have made this application seem to show no interest in the appeal. The suit which was filed by the appellant before the trial court was dismissed on merits and even a single fact is not in favour of the appellant. Kindly give me citations for abatement of appeal . Even assuming the appeal will get abated in future , by filing set aside application by the appellant, how to deal in such a situation ?
Thanx in advance
