Patna High Court - Orders
Most. Manka Devi And Ors. vs Most. Nirmala Kuwar @ Tetari Devi And ... on 23 February, 2023
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.1 of 2015
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Most. Manka Devi and Ors.
... ... Appellant/s
Versus
Most. Nirmala Kuwar @ Tetari Devi and Ors.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Ranjan Kumar Dubey
For the Respondent/s : Mr.Shri Prakash Srivastava
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 23-02-2023I.A.No.02 of 2021 This interlocutory application has been filed for substitution of legal heirs of the deceased respondent no.6 Smt. Mintu Kuwar, who died on 29.11.2015, during the pendency of the appeal, leaving behind her heirs and legal representative, who are already on record, as respondent nos. 7 to 10. Similarly, respondent no.16 Rekha Devi also died on 24.04.2018 during the pendency of this appeal, leaving behind her heirs and legal representatives, whose names and addresses are given in paragraph no.3 of this interlocutory application.
In view of aforesaid, I.A.No.02 of 2021 stands allowed. Let the name of respondent no.6 be deleted from the array of the respondents. Similarly, let the name of respondent no.16, Smt. Rekha Devi be also expunged from the array of the Patna High Court FA No.1 of 2015(4) dt.23-02-2023 2/2 respondents, and in her place her heirs and legal representative, as enumerated in paragraph 3 of the said application, be substituted.
I.A.No.01 of 2021 This application has been filed under Section 5 of the Limitation Act for condoning the delay in filing the substitution petition of the deceased respondent no.16 as well as for setting aside the abatement of the appeal.
In view of aforesaid, I.A.No.01 of 2021 stands allowed and delay is condoned, after setting aside abatement, if any.
It is submitted that I.A.No.03 of 2021 has been filed for compromise of the case.
Office is directed to expedite the matter.
(Nawneet Kumar Pandey, J) HR/-
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