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Naseem Kahnam vs Zaheda Begum (D) By Lr. on 18 September, 2020

Author: Hrishikesh Roy

Bench: Hrishikesh Roy

     ITEM NO.4                    Court 10 (Video Conferencing)               SECTION XII-A

                                   S U P R E M E C O U R T O F        I N D I A
                                           RECORD OF PROCEEDINGS

     Civil Appeal                 No(s).    1957/2011

     NASEEM KAHNAM & ORS.                                                   Appellant(s)
                                                        VERSUS
     ZAHEDA BEGUM (D) BY LR. & ORS.                                         Respondent(s)

      IA No. 50671/2019 - APPLICATION FOR SUBSTITUTION
      IA No. 50674/2019 - CONDONATION OF DELAY IN FILING SUBSTITUTION
     APPLICATION, IA No. 50676/2019 - SETTING ASIDE AN ABATEMENT)

     Date : 18-09-2020 These matters were called on for hearing today.
     CORAM :                   HON'BLE MR. JUSTICE HRISHIKESH ROY
                                               [IN CHAMBER]
     For Appellant(s)                    Mrs. Prabha Swami, AOR
                                         Mr. Nikhil Swami, Adv.
                                         ms. Divya Swami, Adv.

     For Respondent(s)                   Mr.   A T M Rangaramanujam, Sr. Adv.
                                         Mr.   Sanjay Mani Tripathi, Adv.
                                         Mr.   Pawan Kumar, Adv.
                                         Ms.   Anu Gupta, AOR
                                         Mr.   S. Mahendran, AOR

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Ms. Prabha Swami, learned counsel appearing for the appellants submits that Azizulla Khan (Respondent No.3) has died on 10.07.2016 and accordingly application for substitution of his wife Mallika Begum has been filed.

Mr. A T M Rangaramanujam, learned senior counsel appears for the respondent(s) and he does not oppose the prayer for substitution.

In view of the above, the delay in filing application for substitution is condoned, abatement is set aside and substitution of the legal heir of the deceased respondent no.3, as prayed for, is allowed.

Petitioner to ensure service on the substituted legal heir.

Cause title be amended accordingly.

         (RASHI GUPTA)                                                    (VIDYA NEGI)
     SENIOR PERSONAL ASSISTANT                                        COURT MASTER (NSH)