SWAMI PRASAD vs LAKHAN SINGH(D) & ORS. TR.LRS.

The Supreme Court held that in cases where a respondent dies during the pendency of an appeal, and the appeal has been pending for several years without being listed for hearing, the court should adopt a lenient approach in condoning delay and setting aside abatement, as established in Perumon Bhagvathy Devaswom vs. Bhargavi Amma, 2008 (8) SCC 321. The Court found that the appellants had sufficiently explained the delay in filing the application for abatement and thus allowed the appeal, set aside the impugned order dated 19.9.2008, and restored the second appeal to the High Court for expeditious disposal.