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[Cites 2, Cited by 1]

Madhya Pradesh High Court

Ram Chandra & Ors vs Smt.Somvati & 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. 1234 of 2004
                                                 (RAM CHANDRA & ORS Vs SMT.SOMVATI & ORS)

                           Dated : 09-08-2023
                                 Shri Sanjiv Saxena - Proxy Advocate on behalf of Shri Vibhudra

                           Mishra - Advocate for appellant.
                                 None for the respondents.

Heard on I.A.No.5037/2017 which is an application under Section 5 of the Limitation Act for condonation of delay. The said application is duly supported by affidavit in this regard.

In view of the grounds mentioned therein, I.A.No.5037/2017 stands allowed. Delay is condoned.

Also heard on I.A.No. 5036/2017, which is an application under Order 22, Rule 9 of C.P.C. for setting aside abatement of appeal against respondent No. 1 and 8.

In view of the grounds mentioned therein, I.A.No. 5036/2017 stands allowed. Abatement of appeal against respondent No. 1 and 8 is set aside.

Also heard on I.A.No. 5034/2017, which is an application under Order 22, R/w 11 of C.P.C. to bring legal representatives of deceased/ respondents 1 and 8 on record. Affidavit in support of application is enclosed.

In view of the grounds mentioned therein, I.A.No.5034/2017 stands allowed.

I.A. No. 7 7 2 0 /2 0 2 2 for bring on record legal heirs of deceased/respondent No. 9 who has expired on12.05.2022.

For the reasons stated in the application, I.A. No. 7720/2022 is allowed. Let necessary amendments in respect of the aforesaid allowed I.A.s be Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 10-08-2023 11:10:39 2 carried out within a week.

List after one week.

(AVANINDRA KUMAR SINGH) JUDGE Akm Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 10-08-2023 11:10:39