Parasram Mahar vs Duvru Borker on 4 July, 2023

[Cites 1, Cited by 1]

Madhya Pradesh High Court

Parasram Mahar vs Duvru Borker on 4 July, 2023

Bench: Amar Nath Kesharwani

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         SA No. 85 of 2009
                                            (PARASRAM MAHAR Vs DUVRU BORKER AND OTHERS)

                          Dated : 04-07-2023
                                Shri Sanjay Sarwate - Advocate for the appellant.

                                Shri Sanjay Jain - Advocate for LRs of respondent No.1.

Shri Pradeep Dwivedi - Panel Lawyer for respondent No.2/State.

Heard on I.A.No.1778 of 2019, application under Order 22 Rule 4 of CPC for bringing the legal representatives of respondent No.1 on record.

Looking to the reasons assigned in the application, which is supported with the affidavit of Garibdas, sufficient cause is made out to allow the application. Accordingly, IA No. 1778/2019 stands allowed and proposed legal representatives of respondent No.1 are taken on record.

Also heard on I.A.No.1776 of 2019, an application under Order 22 Rule 3 of CPC for LRs of CPC for bringing the legal representatives of appellant No.2- Vandana on record.

Considering the reasons mentioned in the application, which is supported by an affidavit and death certificate of appellant No.2-Vandana, IA No. 1776/2019 stands allowed and proposed legal representatives of appellant No.2- Vandana are taken on record.

Further heard on I.A.No.1780 of 2019, an application for deleting the name of appellant No.1 Saivan Bai.

Looking to the reasons assigned in the application, which is supported by an affidavit of Garibdas, IA No. 1780/2019 stands allowed and learned counsel for the appellants is permitted to delete the name of appellant No.1 Saivan Bai from the memo of appeal.

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 05-Jul-23 6:31:38 PM 2

Learned counsel for the appellants is directed to carry out necessary amendments in the memo of appeal within a period of 10 working days in this regards.

Also heard on I.A.No.4423 of 2021, an application for dismissal of appeal.

Learned counsel for the respondent seeks leave of this Court to withdraw IA No. 4423/2021.

Permission is granted.

Accordingly, IA No. 4423/2021 stands dismissed as withdrawn. Shri Sanjay Jain, learned counsel for the proposed legal representatives of respondent No.1 prays for and is granted time to file Vakalatnama on behalf of LRs of respondent No.1(iv) - Itha Bai.

List the matter in the week commencing 31/07/2023 on the question of admission.

(AMAR NATH (KESHARWANI)) JUDGE sm Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 05-Jul-23 6:31:38 PM

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