Patna High Court - Orders
Shyam Bhadra Sharan vs Lalita Saran Sahi And Ors on 5 July, 2023
Author: Sunil Dutta Mishra
Bench: Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
SECOND APPEAL No.177 of 1999
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Shyam Bhadra Sharan
... ... Appellant/s
Versus
Lalita Saran Sahi and Ors.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ravi Shanker Dwivedi, Advocate
For the Respondent/s : Mr. Sidhendra Narayan Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
45 05-07-2023I.A. No. 14 of 2020:
This Interlocutory Application has been filed for bringing on record the names of respondent Nos. 1 (e) to 1 (h) in the memo of appeal which was earlier not mentioned.
Learned counsel for the appellant submits that I.A. No. 11085 of 1999 was allowed in which the legal heirs were directed to be impleaded. However, the name of respondent Nos. 1 (e) to 1 (h) were not mentioned at that time. Accordingly, their names may be added as respondent Nos. 1 (e) to 1 (h) which is mentioned in paragraph 3 of the application. Application is supported with the affidavit.
Learned counsel for the respondents has no objection to this application.
Having heard learned counsel for the appellant and considering the averments made in the application, I.A. No. 14 Patna High Court SA No.177 of 1999(45) dt.05-07-2023 2/3 of 2020 is allowed.
Let the names of respondent Nos. 1 (e) to 1 (h) be mentioned in the memo of appeal.
I.A.No. 15 of 2020:
This Interlocutory Application has been filed for expunging the names of respondent Nos. 1(d) to 1(h) and respondent Nos. 3 to 11 from the memo of appeal.
Learned counsel for the appellant submits that respondent Nos. 1 (d) to 1 (h) and respondent Nos. 3 to 11 have lost their interest in the proceeding before the Court below and they may be expunged from the memo of appeal at the risk of the appellant. Application is supported with the affidavit.
Learned counsel for the appearing respondents has no objection.
Having heard learned counsel for the appellant and considering the averments made in the application, I.A. No. 15 of 2020 is allowed.
Let the names of respondent Nos. 1 (d) to 1 (h) and respondent Nos. 3 to 11 be expunged from the memo of appeal at the risk of the appellant.
I.A.No. 5299 of 2014 :
This Interlocutory Application has been filed for Patna High Court SA No.177 of 1999(45) dt.05-07-2023 3/3 expunging the name of deceased respondent No. 2 from the memo of appeal. Her heirs are already on record as respondent Nos. 1 (a) to 1 (b). Application is supported with the affidavit.
Learned counsel for the appearing respondents has no objection.
Having heard learned counsel for the appellant and considering the averments made in the application, I.A. No. 5299 of 2014 is allowed.
Let the name of deceased respondent No. 2 be deleted from the memo of appeal.
List this matter on 12.07.2023.
(Sunil Dutta Mishra, J) saurabhkr/-
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