Madan Mohan Pathak vs Krishan Mohan Pathak & Others

Citation : 2015 Latest Caselaw 4763 ALL
Judgement Date : 30 November, 2015

Allahabad High Court
Madan Mohan Pathak vs Krishan Mohan Pathak & Others on 30 November, 2015
Bench: Mahendra Dayal



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- SECOND APPEAL No. - 232 of 1997
 

 
Appellant :- Madan Mohan Pathak
 
Respondent :- Krishan Mohan Pathak & Others
 
Counsel for Appellant :- B.R.Tripathi,Brij Raj Tripathi,Rajeev Kumar Tripathi
 
Counsel for Respondent :- Raj Kumar,P.N. Sharma,Parmanand Sharma,Raj Kumar,S.P. Mishra,Santosh Kumar Banerjee,Shikha Sinha,Ved Prakash Shukla
 

 
Hon'ble Mahendra Dayal,J.

C.M. Application No. 125807 of 2014 C.M. Application No. 125808 of 2014 C.M. Application No. 125809 of 2014.

All the aforesaid applications have been moved on behalf of the appellant for condonation of delay, setting aside abatement and substitution to bring on record the legal representative  of the deceased-appellant no.2, who died on 18.5.2014 during pendency of the appeal. Ms. Shikha Sinha, learned counsel for the respondents has no objection. In view of the above all the applications are allowed. The appellants are permitted to incorporate the necessary amendment within three working days. Order Date :- 30.11.2015 Muk .

Court No. - 22 Case :- SECOND APPEAL No. - 232 of 1997 Appellant :- Madan Mohan Pathak Respondent :- Krishan Mohan Pathak & Others Counsel for Appellant :- B.R.Tripathi,Brij Raj Tripathi,Rajeev Kumar Tripathi Counsel for Respondent :- Raj Kumar,P.N. Sharma,Parmanand Sharma,Raj Kumar,S.P. Mishra,Santosh Kumar Banerjee,Shikha Sinha,Ved Prakash Shukla Hon'ble Mahendra Dayal,J.

C.M. Application No. 125808 of 2014 Application is allowed, vide my order of date passed on C.M. Application No.125807 of 2014. Order Date :- 30.11.2015 Muk .

Court No. - 22 Case :- SECOND APPEAL No. - 232 of 1997 Appellant :- Madan Mohan Pathak Respondent :- Krishan Mohan Pathak & Others Counsel for Appellant :- B.R.Tripathi,Brij Raj Tripathi,Rajeev Kumar Tripathi Counsel for Respondent :- Raj Kumar,P.N. Sharma,Parmanand Sharma,Raj Kumar,S.P. Mishra,Santosh Kumar Banerjee,Shikha Sinha,Ved Prakash Shukla Hon'ble Mahendra Dayal,J.

C.M. Application No. 125809 of 2014 Application is allowed, vide my order of date passed on C.M. Application No.125807 of 2014. Order Date :- 30.11.2015 Muk .

Court No. - 22 Case :- SECOND APPEAL No. - 232 of 1997 Appellant :- Madan Mohan Pathak Respondent :- Krishan Mohan Pathak & Others Counsel for Appellant :- B.R.Tripathi,Brij Raj Tripathi,Rajeev Kumar Tripathi Counsel for Respondent :- Raj Kumar,P.N. Sharma,Parmanand Sharma,Raj Kumar,S.P. Mishra,Santosh Kumar Banerjee,Shikha Sinha,Ved Prakash Shukla Hon'ble Mahendra Dayal,J.

C.M. Application No. 71861 of 2015 C.M. Application No. 71864 of 2015 Both the aforesaid applications have been moved on behalf of of the appellants for condonation of delay and substitution to bring on record the legal representatives of deceased respondent no.1, who died  on 12.12.2014 during pendency of the appeal. In pursuance of the notice to the proposed legal heirs of deceased- respondent no.1, Ms. Shikha Sinha has appeared on behalf f the proposed respondents and has filed her Vakalatnama on their behalf, which is taken on record.                   She has no objection in case the application for substitution and condonation of delay  are allowed. Both the applications are allowed.

The appellants are permitted to carry out the necessary amendment within three working days. Order Date :- 30.11.2015 Muk .

Court No. - 22 Case :- SECOND APPEAL No. - 232 of 1997 Appellant :- Madan Mohan Pathak Respondent :- Krishan Mohan Pathak & Others Counsel for Appellant :- B.R.Tripathi,Brij Raj Tripathi,Rajeev Kumar Tripathi Counsel for Respondent :- Raj Kumar,P.N. Sharma,Parmanand Sharma,Raj Kumar,S.P. Mishra,Santosh Kumar Banerjee,Shikha Sinha,Ved Prakash Shukla Hon'ble Mahendra Dayal,J.

C.M. Application No. 71864 of 2015 Application is allowed, vide my order of date passed on C.M. Application No.71861 of 2015. Order Date :- 30.11.2015 Muk .

Court No. - 22 Case :- SECOND APPEAL No. - 232 of 1997 Appellant :- Madan Mohan Pathak Respondent :- Krishan Mohan Pathak & Others Counsel for Appellant :- B.R.Tripathi,Brij Raj Tripathi,Rajeev Kumar Tripathi Counsel for Respondent :- Raj Kumar,P.N. Sharma,Parmanand Sharma,Raj Kumar,S.P. Mishra,Santosh Kumar Banerjee,Shikha Sinha,Ved Prakash Shukla Hon'ble Mahendra Dayal,J.

List for hearing on 14th December, 2015.

Order Date :- 30.11.2015 Muk