1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 13093-13095 OF 2024 (Arising out of SLP (C) Nos. 28215-28217 of 2024)
(Diary No. 13450/2021)
Mahanth Sudama Das Chela of Late Mahanth Shyamdasi @ Shyam Das … Appellant
Versus
Krishna Chandra Prasad Gupta (Deceased) through LRs & Ors. … Respondents
O R D E R
1. Leave granted.
2. Arising out of the order withdrawing the Second Appeal after the
death of the Appellant No. 1, who was also representing the Deity
by a junior counsel and also on rejection of the review petition,
these appeals have been filed.
3. It is to be noted here that order passed in the review petition was
challenged in the Letters Patent Appeal which was also dismissed
as not maintainable.
2
4. After hearing learned counsel for the parties and considering the
fact that one Mr. Shashank Kumar, Advocate had appeared on
17.2.1992 on behalf of Mr. Sunil Kumar Singh, Advocate and
withdrawn the Second Appeal, despite the fact that the appellant
Mahanth Ramautar Das, Appellant No.1, had died on 16.07.1987
and the appellant No. 2 was the Deity represented by the
Mahanth.
5. Five years after the death of the Mahanth (Appellant No.1),
instructions for withdrawal of the Second Appeal could not be
given to the counsel who represented him in the Court, when no
legal representatives had been brought on record.
6. In that view of the matter, the order of withdrawal of the Secon...