Madhya Pradesh High Court
Virendra Singh Mehta vs Hemant Mehta on 1 March, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 A.A.No.20/2018
(Virendra Singh Mehta and others Vs. Hemant Mehta and others)
Indore : Dated 1.3.2021
Shri Amit Agrawal, learned senior counsel with Shri Arjun
Agrawal, learned counsel for the appellants.
None for the respondents No.1 and 2.
Ms. Trishla Salgat, learned counsel for the respondent No.3. Ms. Ritu Bhargava, learned counsel for the respondents no.4 and 5.
Shri Vishal Baheti, learned counsel for the respondents No.6 and 7.
Vide order dated 5.2.2020 this Court has ordered listing of I.A.Nos.7783/2018 and 5230/2019 for consideration at the time of final hearing.
I.A.No.3095/2020 seeking dismissal of appeal as abated as whole in view of the fact that respondent No.5 has died on 27.5.2020, but no steps have been take for brining her LRs on record.
At this stage Shri Agrawal, senior Advocate submits that I.A.Nos.3139/2020 under Order 22 Rule 4 CPC; 3140/2020 under Order 22 Rule 9 CPC and 3141/2020 under Section 5 of Limitation Act have been filed by respondent No.5.
Ms. Trishla Salgat, learned counsel appearing for respondent No.3, Ms. Ritu Bhargava, learned counsel appearing for respondents No.4 and 5 and Shri Vishal Baheti, learned counsel appearing for respondents No.6 and 7, have no objection if the three IAs referred above are allowed and LRs of respondent No.5 be brought on record.
In view of the aforesaid I.A.Nos.3139/2020, 3140/2020 and 3141/2020 are allowed.
Shri Arjun Agrawal is directed to carry out the amendment in the cause title substituting LRs of respondent No.5 within three working days.
2 A.A.No.20/2018(Virendra Singh Mehta and others Vs. Hemant Mehta and others) I.A.No.3095/2020 filed by respondent No.5 is dismissed as withdrawn.
At this stage it is pointed out that the sole LR Aditi Mehta has already filed Vakalatnama.
The same be taken on record.
Both sides pray for expediting hearing of the appeal in the light of the order of Hon'ble Supreme Court dated 8.1.2018 passed in SLP (Civil) No.39487/2017 and the order passed by this Court on 18.11.2019.
Prayer accepted.
List this appeal for final hearing on 22.4.2021 alongwith A.A.No.35/2018.
Let both parties submit list of dates, synopsis and common skeleton paper book.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2021.03.02 10:03:02 +05'30'