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Supreme Court - Daily Orders

Murari Lal Sharma (D) Thr. Lrs vs Jagdish Chandra . on 7 October, 2021

Bench: Hemant Gupta, V. Ramasubramanian

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                                              IN THE SUPREME COURT OF INDIA
                                               CIVIL APPELLATE JURISDICTION

                                    CIVIL APPEAL           NOs. 10845-10846 OF 2010

                         MURARI LAL SHARMA (D) THR. LRS                                      Appellant(s)

                                                                 VERSUS

                         JAGDISH CHANDRA & ORS.                                              Respondent(s)

                                                                 WITH

                                            MISC. APPLICATION NO. 636 OF 2020

                                                                  IN

                                             CIVIL APPEAL NO. 10848 OF 2010


                                                               O R D E R

CIVIL APPEAL NOs. 10845-10846 OF 2010 Heard the learned counsel appearing for the parties at some length.

We do not find any error in the impugned order passed by the High Court, which is equitable in nature.

The Civil Appeals are, accordingly, dismissed. However, the appellants, the legal heirs of the deceased - Murari Lal Sharma, are at liberty to withdraw the amount deposited by the respondents from the Collector’s office. The Collector shall expeditiously return the amount with accrued Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2021.10.09 interest, if any.

12:37:14 IST

Reason:

Pending interlocutory application(s), if any, is/are disposed of.

2

MISC. APPLICATION NO. 636 OF 2020 IN CIVIL APPEAL NO. 10848 OF 2010 Delay in filing the application for restoration is condoned and the appeal is restored to its original number.

Misc. Application is disposed of. Application for setting aside abatement is allowed.

Delay in filing the application for substitution is condoned and the application for substitution is allowed.

Heard the learned counsel appearing for the parties at some length.

In view of the order passed in Civil Appeal Nos. 10845-10846 of 2010 above, this civil appeal is also dismissed.

Pending interlocutory application(s), if any, is/are disposed of.

.......................J. [ HEMANT GUPTA ] .......................J. [ V. RAMASUBRAMANIAN ] New Delhi;

OCTOBER 07, 2021.

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ITEM NO.102                COURT NO.11                 SECTION X

                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

Civil Appeal No(s). 10845-10846/2010 MURARI LAL SHARMA (D) THR. LRS Appellant(s) VERSUS JAGDISH CHANDRA . & ORS. Respondent(s) (I.A. NO.29096 OF 2018 ( DISCHARGE OF ADVOCATE ) IN M.A. NOS. 768- 69 OF 2018) WITH MA 636/2020 in C.A. No. 10848/2010 (X) (FOR ADMISSION and IA No.3538/2020-APPLICATION FOR SUBSTITUTION and IA No.28104/2020-SETTING ASIDE AN ABATEMENT and IA No.25799/2020- EXEMPTION FROM FILING O.T. and IA No.191602/2019-RESTORATION and IA No.3541/2020-CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. and IA No.3536/2020-CONDONATION OF DELAY IN FILING APPLICATION FOR RESTORATION and IA No.25798/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 07-10-2021 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) Mr. Jitendra Mohan Sharma, Sr. Adv.

Mr. Ajit Sharma, AOR (Appearance not given) Mr. Chira Ranjan Addy, AOR For Respondent(s) Ms. Ruchira Gupta, Adv.

Mr. Shishir Deshpande, AOR Mr. Anurag Sharma, Adv.

Mr. Jatinder Kumar Bhatia, AOR Mr. Shiv Ram Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Civil Appeal No(s). 10845-10846/2010 Application seeking discharge of Advocate is allowed. 4 The Civil Appeals are dismissed in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.

MA 636/2020 in C.A. No. 10848/2010 Delay in filing the application for restoration is condoned and the appeal is restored to its original number.

Misc. Application is disposed of. Application for setting aside abatement is allowed. Delay in filing the application for substitution is condoned and the application for substitution is allowed.

Heard the learned counsel appearing for the parties at some length.

In view of the order passed in Civil Appeal Nos. 10845-10846 of 2010 above, this civil appeal is also dismissed.

Pending interlocutory application(s), if any, is/are disposed of.



(JAYANT KUMAR ARORA)                             (RENU BALA GAMBHIR)
  COURT MASTER                                      COURT MASTER

(Signed order is placed on the file)