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Madhya Pradesh High Court

Naval Kishor vs Devaki Nandan on 31 July, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 1191 of 2010
                                          (NAVAL KISHOR AND OTHERS Vs DEVAKI NANDAN AND OTHERS)

                           Dated : 31-07-2023
                                 Shri V.S.Choudhary- Advocate for the appellants.

                                 None for the respondent No.1.

Shri Rajesh Sharma- Panel Lawyer for the respondent No.2/State.

Considered I.A.No.2731/2023, which is an application filed by Appellant No.2 for condonation of delay in bringing the legal heirs of deceased-appellant No.1 on record.

It is stated that appellant No.1 expired on 05.5.2022 and appellant No.2 came to know about the same in January, 2023. The application is supported by an affidavit of appellant No.2.

No one appeared to oppose the application.

For the reasons stated in the application, this Court finds that sufficient cause has been shown in not filing the application for bringing the legal heirs of deceased appellant No.1 on record within prescribed time. Hence, the delay is condoned.

I.A.No.2731/2023 is allowed.

Also considered I.A.No.2729/2023, an application for setting aside abatement of appeal in respect of appellant No.1.

No one appeared to oppose the application.

For the reasons stated in the application, which is supported by an affidavit, the same is allowed. The abatement of appeal in respect of appellant No.1 is set aside.

I.A.No.2729/2023 is allowed.

Also considered I.A.No.2728/2023, an application under Order 22 Rule 3 of CPC for bringing the legal heirs of deceased-appellant No.1 on record.

It is stated that appellant No.1 expired on 05.5.2022 leaving behind his legal heirs and right to sue still survives.

In the absence of opposition and for the reasons stated in the application which is supported by copy of death certificate and affidavit of appellant no.2, the same is allowed.

I.A.No.2728/2023 is allowed. Let the legal heirs of deceased appellant No.1 be brought on record.

Also considered I.A.No.2744/2023, an application for condonation of delay in bringing the legal heirs of deceased respondent No.1 on record. Further considered I.A.No.2742/2023, an application for setting aside abate of appeal as against deceased-respondent No.1. Also considered I.A.No.2741/2023, which is an application under Order 22 Rule 4 CPC for bringing the legal heirs of deceased respondent No.1 on record.

It is stated that respondent No.1 has expired on 10.1.2022 leaving behind his legal heirs and appellant No.2 came to know about death of respondent No.1 in January, 2023. The applications are supported by affidavit of appellant No.2.

Let notices of I.A.Nos.2741/2023, 2742/2023 & 2744/2023 be issued to the proposed legal heirs of deceased-respondent No.1 on payment of process fee within seven working days by RAD mode, returnable within six weeks.

Also considered I.A.No.2737/2023, which is an application under Order 1 Rule 10 of CPC for impleading the parties who have purchased the suit properties subsequently during the pendency of appeal.

Let notice of aforesaid I.A.No.2737/2024 be issued to the proposed Signed by: RAJESH MAMTANI Signing time: 02-08-2023 19:09:04 3 respondents on payment of process fee within seven working days by RAD mode, returnable within six weeks.

Let the matter be listed after six weeks for consideration of I.A.No.2748/2023, which is an application u/s 151 CPC for grant of stay on the next date of hearing.

List after six weeks.

(AVANINDRA KUMAR SINGH) JUDGE RM Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 02-08-2023 19:09:04