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Supreme Court - Daily Orders

Md.Sabir @ Md.Sabir Ansari . vs Md. Zakaria . on 17 April, 2015

Author: R.K. Agrawal

Bench: R.K. Agrawal

  ITEM NO.39                                   COURT NO.6                    SECTION XVI

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

  Petition(s) for Special Leave to Appeal (C)                          No(s).     5826/2013

  (Arising out of impugned final judgment and order dated 05/09/2012
  in SA No. 330/2011 passed by the High Court of Patna)

  MD.SABIR @ MD.SABIR ANSARI & ORS.                                              Petitioner(s)

                                                      VERSUS

  MD. ZAKARIA & ORS.                                                             Respondent(s)
  (Office report for directions)

  Date :                  17/04/2015    This    petition    was    called   on    for   directions
  today.

                           CORAM :      HON'BLE MR. JUSTICE R.K. AGRAWAL
                                                           [IN CHAMBER]

  For Petitioner(s)                            Mr. Kundan Kumar Mishra,Adv.


  For Respondent(s)                            Mr. Ejaz Maqbool,Adv.

                                               Ms. Prity Kumari, Adv.

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

There is no opposition to the exact date of death mentioned by the learned counsel for the petitioners.

The application seeking exemption from filing death certificate of deceased respondent nos. 6 and 15 is allowed.

The delay in filing substitution Signature Not Verified Digitally signed by application of deceased respondent nos. 6 and 15 Neeta Sapra Date: 2015.04.20 16:37:35 IST Reason: has sufficiently been explained, the application for condonation of delay in filing substitution is allowed. -2- I.A. for setting aside abatement is allowed. Respondent nos. 6 and 15 have died leaving behind their legal heirs as mentioned in para 5 of the application. There is no opposition to the application seeking substitution to bring on record the Lrs. of deceased respondent nos. 6 and 15. Application for substitution is allowed.

The names of respondent nos. 6 and 15 be deleted from the array of parties and in their place the names of Lrs. of deceased respondent nos. 6 and 15 mentioned in para 5 of the application be substituted.

  (Neeta)                                              (Pardeep Kumar)
  Sr. P.A.                                              A.R.-cum-P.S.