Indu Devi And Ors vs Sunil Kumar Singh on 24 January, 2019

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Patna High Court - Orders

Indu Devi And Ors vs Sunil Kumar Singh on 24 January, 2019

Bench: Prabhat Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         Second Appeal No.208 of 2008

                  ======================================================
                  INDU DEVI and ORS


                                                                        ... ... Appellant/s
                                                    Versus
                  SUNIL KUMAR SINGH & ORS


                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr.Kumar Uday Singh
                  For the Respondent/s   :     Mr.Mrigendra Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

                                                ORAL ORDER

14   24-01-2019

Heard both sides on I.A. No.6666 of 2013 and 6667 of 2013 which were filed for substitution of legal heirs of sole respondent, Most. Jaimati Kuer who died during the pendency of this appeal. Most. Jaimati Kuer died issueless leaving behind her Class II heirs namely, Kamta Singh and Ram Dhyan Singh. Ram Dhyan Singh is already on record. Notice was issued to Kamta Singh but it is reported that Kamta Singh also died and for which, I.A. No.2151 of 2014 was filed to delete the name of Kamta Singh and substitute his legal heirs fully described in para 5 of the I.A. No.2151 of 2014. It is further submitted that proposed legal heirs of Kamta Singh namely, Jitendra Singh, Dharmendra Singh and Amrendra Singh are already on record as appellant Nos.6 to 8 and proposed respondent No.1(i)(iv), Patna High Court SA No.208 of 2008(14) dt.24-01-2019 2/3 Anita Devi is also on record as appellant No.13.

It is further submitted that I.A. No.9161 of 2016 is filed to substitute the legal heirs of Lalti Devi, respondent no.1(i)(v) who died during the pendency of the appeal and the legal heirs of Lalti Devi are fully described in para 2 of the I.A. No.9161 of 2016.

Therefore, there is no need of issuance of notice to Jitendra Singh, Dharmendra Singh, Amrendra Singh and Anita Devi, the legal heirs of Kamta Singh. Let the names of Kamta Singh and Lalti Devi be expunged and names of Gita Devi and Rambha Devi be substituted in place of Kamta Singh and the names of legal heirs of Lalti Devi be substituted in her place fully described in para 2 of the I.A. Learned counsel for the respondents did not raise any objection.

Issue notice to the legal heirs of Kamta Singh i.e. Gita Devi and Rambha Devi and also legal heirs of Lalti Devi fully described in para 2 of I.A. No.9161 of 2016 through speed post with A.D. for which requisition must be filed within six weeks. Peremptory.

Accordingly, I.A. No.6666 of 2013, I.A. No.6667 of 2013, I.A. No.2151 of 2014 and I.A. No.9161 of 2016 are Patna High Court SA No.208 of 2008(14) dt.24-01-2019 3/3 allowed.

List this case on 04.04.2019 under the appropriate heading.

(Prabhat Kumar Jha, J) Saurabh/-

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Patna High Court - Orders