Smt. Krishna Bai vs Smt. Gulab Bai on 4 September, 2023

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Madhya Pradesh High Court

Smt. Krishna Bai vs Smt. Gulab Bai on 4 September, 2023

Bench: Avanindra Kumar Singh

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          FA No. 114 of 2017
                                         (SMT. KRISHNA BAI AND OTHERS Vs SMT. GULAB BAI AND OTHERS)

                           Dated : 04-09-2023
                                 Shri Sanjay Pandey - Advocate for the appellant.

                                 Shri Ashok Kumar Gupta - Advocate for the respondents No. 1 and 2.

Shri T.R. Kurmi - Advocate for the respondent No.3 Record is received.

I.A.No. 13572/2023 is for deleting the name of deceased appellant No. 3 Smt. Prema Bai from the memo of appeal as she expired on 17.10.2020. Death certificate and affidavit are filed with the application. Her legal representatives are already on record.

I.A.No. 13573/2023 has been filed by the respondents on 25.08.2023 under Order 22, Rule 4 of C.P.C. for substitution of legal representatives of respondent No.2 Smt. Sumitra Bai who expired on 5.5.2021 leaving behind two legal representatives as mentioned in the application.

Affidavit and death certificate have been filed with the application. Copy has been given to the counsel for the appellant. In fact the aforesaid two applications ought to have been filed by the appellants and the respondents were only required to inform about the death of Smt. Sumitra Bai by way of an application, but both the parties jointly pray that parties intend to compromise and the matter is to be disposed of on the basis of compromise but names of the legal representatives have to be brought on record.

Learned counsel for the appellants submits that he has no objection if these applications are allowed and he will carry out the amendments accordingly. Therefore, looking to the peculiar circumstances and request, in Signature Not Verified Signed by: VIKRAM SINGH Signing time: 05-09-2023 15:03:08 2 view of the possibility of compromise, I.A.No. 13572/2023 and I.A.No. 13573/2023 are allowed. Let appellants carry out the amendment in the memo of appeal within seven working days.

Let Vakalatnama be filed on behalf of the legal representatives of deceased Sumitra Bai within seven working days.

List the matter in the week commencing 19.09.2023.

(AVANINDRA KUMAR SINGH) JUDGE Vikram Signature Not Verified Signed by: VIKRAM SINGH Signing time: 05-09-2023 15:03:08

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