Delhi High Court - Orders
Mahavir Singh (Deceased) Thr Lrs & Ors vs Union Of India & Ors on 16 August, 2022
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LA.APP. 135/2019 & CM APPL. 2645/2021, CM APPL.
4790/2021, CM APPL. 7756/2021, CM APPL. 7757/2021, CM
APPL. 7758/2021, CM APPL. 7759/2021
MAHAVIR SINGH (DECEASED) THR LRS & ORS
..... Appellants
Through: Ms. Komal Chhibber, Adv.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Yeshu Jain, Standing
Counsel with Ms. Surbhi Arora, Adv. for R-
1/UOI
Mr. Naresh Kumar Beniwal, Adv. for R-2
Ms.Pooja Marwaha, Adv. for R-3 with AR
in person
Ms.Urvashi Sharma and Mr.J.K. Jain, Advs.
for R-4
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 16.08.2022 CM APPL. 7759/2021 in LA.APP. 135/2019
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CM APPL. 7757/2021 in LA.APP. 135/2019
3. For the reasons stated in the application, the delay in filing CM 7756/2021 is condoned.
Signature Not Verified Digitally Signed LA.APP. 135/2019 Page 1 of 5 By:SUNIL SINGH NEGI Signing Date:22.08.2022 12:16:114. The application is allowed accordingly.
CM APPL. 7758/2021 in LA.APP. 135/2019
5. As Master Neeraj, on behalf of whom this application seeks appointment of the legal guardian, is now a major, this application has become infructuous and is disposed of as such.
CM APPL. 7756/2021 in LA.APP. 135/2019
6. During the pendency of the present appeal, Appellant 6(2) expired.
7. This application has been preferred by Neeraj, the son of the deceased Shri Ram, to be substituted in place of Shri Ram as his legal representative and, consequently, to set aside the abatement of the appeal insofar as the Appellant 6(2) is concerned.
8. The order sheets passed on this application indicate that it is being contested only by Respondent 2. Nonetheless, Respondent 2 has, till today, not filed any reply to this application.
9. Today, Mr. Naresh Kumar Beniwal appears and seeks further time to do so.
10. Notice on the application was issued as far back as on 7th October 2021.
Signature Not Verified Digitally Signed LA.APP. 135/2019 Page 2 of 5 By:SUNIL SINGH NEGI Signing Date:22.08.2022 12:16:1111. This Court is not inclined to grant further time to Respondent 2, especially given the innocuous nature of the application.
12. As such, the application is allowed.
13. Neeraj, the applicant in this application, is allowed to be substituted in place of Appellant 6(2).
14. The amended memo of parties filed along with the application is taken on record.
CM APPL. 2645/2021 in LA.APP. 135/2019
15. During the pendency of the present appeal, Appellant 3(D) Smt. Angoori Devi expired.
16. This application has been preferred by the four legal heirs of the deceased Angoori Devi, who are her married daughters, to be substituted in her place as her legal representative and, consequently, to set aside the abatement of the appeal insofar as the Appellant 3(D) is concerned.
17. The order sheets passed on this application indicate that it is being contested only by Respondent 2. Nonetheless, Respondent 2 has, till today, not filed any reply to this application.
18. Today, Mr. Naresh Kumar Beniwal appears and seeks further time to do so.
Signature Not Verified Digitally Signed LA.APP. 135/2019 Page 3 of 5 By:SUNIL SINGH NEGI Signing Date:22.08.2022 12:16:1119. Notice on the application was issued as far back as on 25th January 2021.
20. This Court is not inclined to grant further time to Respondent 2, especially given the innocuous nature of the application.
21. As such, the application is allowed.
22. The applicants in this application are allowed to be substituted in place of Appellant 3(D).
23. The amended memo of parties filed along with the application is taken on record.
CM APPL. 4790/2021 in LA.APP. 135/2019
24. During the pendency of the present appeal, Appellant 3(C) Balwan Singh expired.
25. This application has been preferred by the legal heirs of the deceased Balwan Singh, who are his three sons and one married daughter, to be substituted in his place as his legal representative and, consequently, to set aside the abatement of the appeal insofar as the Appellant 3(C) is concerned.
26. The order sheets passed on this application indicate that it is being contested only by Respondent 2. Nonetheless, Respondent 2 has, till today, not filed any reply to this application.
Signature Not Verified Digitally Signed LA.APP. 135/2019 Page 4 of 5 By:SUNIL SINGH NEGI Signing Date:22.08.2022 12:16:1127. Today, Mr. Naresh Kumar Beniwal appears and seeks further time to do so.
28. Notice on the application was issued as far back as on 8th February 2021.
29. This Court is not inclined to grant further time to Respondent 2, especially given the innocuous nature of the application.
30. As such, the application is allowed.
31. The applicants in this application are allowed to be substituted in place of Appellant 3(C).
32. The amended memo of parties filed along with the application is taken on record.
LA.APP. 135/201933. List the appeal for disposal on 16th January 2023.
C. HARI SHANKAR, J.
AUGUST 16, 2022 dsn Signature Not Verified Digitally Signed LA.APP. 135/2019 Page 5 of 5 By:SUNIL SINGH NEGI Signing Date:22.08.2022 12:16:11