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Madhya Pradesh High Court

Vijay Kumar [D] Smt.Phool Bai vs Smt.Vijay Laxmi Raikwar & Ors. on 9 August, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                   1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        SA No. 854 of 1997
                                    (VIJAY KUMAR [D] SMT.PHOOL BAI Vs SMT.VIJAY LAXMI RAIKWAR & ORS.)

                    Dated : 09-08-2023
                           Shri S.S. Gupta - Advocate for the appellant.

                           None for the respondents.

I.A.No. 8763/2012 is taken up for consideration.

It is submitted by the learned counsel for the appellant that notice has been served on this I.A. In the above mentioned I.A., it is submitted that respondent No.7 Smt. Munni Bai expired on 5.1.2011 and has left behind three persons as mentioned in the application as legal representatives. Since legal representatives of the deceased Babulal are already on record, therefore, other legal representatives should be brought on record within a period of three years, hence application should be allowed. Affidavit of Fula Bai in support of the application has also been filed.

Looking to the facts as mentioned therein, I.A.No. 8763/2012 is allowed. I.A.No. 1483/2023 is for deleting the name of deceased respondent No.7 Munni Bai.

Learned counsel for the appellant does not want to press I.A.No. 1483/2023. Accordingly, the same is dismissed as not pressed.

I.A. No. 16273/2022 is taken up for consideration, in which it is submitted that the appellant wants to strike out the names of deceased appellant as well as deceased respondents No. 2, 3,4, 6 and 7. It is further submitted that appellant Vijay Kumar Raikwar expired on 4.10.1999 leaving behind five legal representatives as mentioned in the application. Legal representatives of appellant Vijay Kumar may be taken on record.

It is further submitted that respondent No.2 Babulal expired on 20.10.1989.

Respondent No.3 Gauriya Bai expired on 27.08.2005. Respondent No.4 Parwati Bai expired in March, 2011. Respondent No. 6 Bahadur Singh expired on 28.04.1993 and respondent No.7 Munni Bai expired on 5.1.2011. Their legal representatives are already on record, therefore, the names of these deceased respondents be deleted. Affidavit in support of the application has been filed.

In view of the aforesaid, I.A. No. 16273/2022 is allowed. I.A. No. 16272/2022 is an application under Section 151 of C.P.C. read with Order 6, Rule 17 for amendment and for taking additional material documents on record.

It is submitted that certain material and relevant facts have come into the knowledge with the passage of time and they are necessary for the purpose of determining the real purpose of the petition. By way of this application certain documents are proposed to be filed.

Since the relevant documents have already been attached with the file, let them remain so in the record but for the purpose of deciding this appeal, these documents may be mentioned at the time of final argument.

Another part of I.A. No. 16272/2022 is there in which it is mentioned that the appeal was filed by the appellant against the order dated 19.12.2016 before the Court of A.D.J. Banda (Sagar) and Hon'ble Court had also dismissed the appeal. This matter may be allowed to be incorporated in the appeal. In this regard, in I.A.No. 16272/2022 pleadings in para D. A have been mentioned to the effect that another suit and judgment between the parties regarding the suit property, if any, may be mentioned at the time of final hearing but since copy of that judgment is already on record as has been filed by the learned counsel for the appellant. Accordingly, with the above direction and liberty, I.A. No. 16272/2022 is disposed of.

I.A.No. 11946/2023 is taken up for consideration, which is an application for deleting the name of deceased Phoola Bai (Appellant No.1), who expired on 12.03.2023.

Death certificate is attached.

In view of the aforesaid, I.A.No. 11946/2023 is allowed. Learned counsel for the appellant submits that on 23.07.2023, he has filed an application which is numbered as I.A. No. 4986/2023 as per the receipt available with him.

Let Registry verify and bring I.A. No. 4986/2023 on record. Keeping in view the aforesaid allowed I.A.s, let necessary amendments be carried out within two weeks.

List the case for final hearing on 25.08.2023.

(AVANINDRA KUMAR SINGH) JUDGE Vikram Signature Not Verified Signed by: VIKRAM SINGH Signing time: 11-08-2023 12:49:48