The case is posted today for hearing of the petition Dtd.18.08.18 filed by Advocate for the Dhr and Affidavit Dtd.19.02.19. Neither the Dhr nor her Advocate is present. Advocate for the Jdrs No.2 & 3 is present & files hazira. On repeated calls, none respond on behalf of the complainant. Hence, hearing of the case could not be taken up.   

                                         In the present case, the Jdrs No.2 & 3 were appeared and filed their written objection. The notice against Jdr No.1 was sufficient. Further, Advocate for the Jdrs No.2 & 3 argued that the order of the original case vide C.C No. 96/ 2009 has already been carried out vide Annexure-XVI filed by Advocate for the Dhr. As it appears from the case record, the Dhr has died on 19.05.18 & the substitution petition was filed on 18.08.18 i.e. after 90 days of date of death. Further, the Dhr did not turn up and slept over the matter since 17.04.19 and no step is taken nor did her Advocate take any step on her behalf, for which hearing of the case impaired and further the valuable time of this Commission is being wasted. Considering the above facts and circumstances of the case and the nature and conduct of the complainant and arguments of Advocate for the Jdrs No.2 & 3, this Commission is of the view that the complaint of the complainant should be dropped.   

                                         Accordingly, the present Misc. case filed by the Dhr is dropped. The petition Dtd.18.08.18 & Affidavit Dtd.19.02.19 filed by Advocate for the Dhr are disposed of accordingly.