ORDER : 1. Leave granted. 2. The submission of the learned counsel for the appellant is that the condition imposed by the High Court in terms of the impugned order dated 13th December, 2019 is unworkable in its character since the Insurance Company cannot look after the trees and thus whatever order was required was to be passed in pursuance to the failure of the appellant to bring the legal heirs of respondent No. 5 on record. It is his submission that the panacea should have been addressed by imposition of cost. 3. We are in agreement with the submission of the learned counsel for the appellant to the extent that the latter part of the order possibly become unworkable. However, the initial part of the order reads as under: “Despite several opportunities, the appellant/insurer has not taken any steps to bring on record the LRs of respondent No. 5 or to serve them notice. The appeal is liable to be dismissed.” 4. The aforesaid shows that the appellant-Insurer failed to take steps to bring on record the legal heirs of respondent No. 5 despite several opportunities and the appeal was liable to be dismissed. The learned Judge apparently showed consideration by not dismissing the appeal and imposing the conditions with which the appellant is aggrieved. 5. We are of the view that the appropriate course of action for the learned Judge should have been to dismiss the appeal in this case pending before the High Court and consequently we modify the impugned order to one of dismissal of MAC. App. No. 863 of 2018 pending before the High Court without the condition being imposed as set out in impugned order as under: “However, the learned counsel for the appellant seeks one last opportunity to effect the service of notice. It is so granted, subject to appellant planting 100 trees at the Central Ridge in ‘Insaaf Bagh’. The duly authorized representative of the Insurance company, shall appear before the DCF (South) on 27.12.2019, who shall indicate to the authorized representative the forest lands under his care where the trees shall be planted. The trees shall be of deciduous indigenous variety and they shall have a nursery age of three and a half years and shall have a minimum height of at least six feet. The insurance company shall take care of the trees for the next six months. The trees shall be of deciduous indigenous variety and they shall have a nursery age of three and a half years and shall have a minimum height of at least six feet. The insurance company shall take care of the trees for the next six months. Depending upon the soil type and topography, the DCF may consider the following types of trees for plantation: (i) Gular (Cluster Fig) (ii) Kadamba (Burflower Tree) (iii) Pilkhan (White Fig) (iv) Jaamun (Black Plum) (v) Bargad (Banyan Tree) (vi) Mango (vii) Amaltas (Golden Shower) (viii) Mahua (Butter Tree) [Indian Laburnum] (ix) Putranjiva (x) Badh (xi) Sagwan (Teak Wood) (xii) Safed Siris (Albizia Procera) (xiii) Kala Siris (xiv) Anjeer (xv) Kathal-Jackfruit (xvi) Palash (xvii) Arni (xviii) Bistendu (xix) Rohida (xx) Medshingi (xxi) Palash/Tesu/Dhak Compliance Report alongwith photographs shall be filed both by the officer concerned and the DCF by 30.01.2020.” 6. The aforesaid direction is set aside. 7. The appeal accordingly stands disposed of.