Deepa & Another vs State Of U.P. Thru' Collector & ...
2012 Latest Caselaw 3031 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- FIRST APPEAL No. - 807 of 2008
 

 
Petitioner :- Deepa & Another
 
Respondent :- State Of U.P. Thru' Collector & Others
 
Petitioner Counsel :- Vinod Sinha,S.P. Singh
 
Respondent Counsel :- M.P. Sinha,Amit Manohar
 

 
Hon'ble Prakash Krishna,J.

Hon'ble Arvind Kumar Tripathi (II),J.

Ref: Civil Misc. Substitution Application No. 290942 of 2008.

Heard the learned counsel for the parties.

This is an application to substitute the heirs of appellant no. 1 Deepa. He has died on 15.10.2008.

Application is allowed.

Let the name of appellant no. 1 Deepa be deleted from the array of parties and in his place, the names of his heirs as mentioned in prayer clause of the application, be substituted.

(Arvind Kumar Tripathi (II),J)           (Prakash Krishna,J)

Order Date :- 18.7.2012

MK/

Case :- FIRST APPEAL No. - 807 of 2008

Petitioner :- Deepa & Another

Respondent :- State Of U.P. Thru' Collector & Others

Petitioner Counsel :- Vinod Sinha,S.P. Singh

Respondent Counsel :- M.P. Sinha,Amit Manohar

Hon'ble Prakash Krishna,J.

Hon'ble Arvind Kumar Tripathi (II),J.

Ref: Civil Misc. Application (Adding Parties) No. 314947 of 2010.

Heard the learned counsel for the parties.

This is an application to delete the name of Kewal-respondent no. 3 on the allegations that Kewal has died during pendency of reference proceedings on 11th October, 1999 and his heirs were ordered to be substituted. It appears that this fact was omitted by the Office of court below and decree was wrongly drawn. In view of the averments made in affidavit filed along with application, the application is allowed.

Let the name of Kewal-respondent no. 3 be deleted from the array of parties and in his place, the names of his heirs as mentioned in para-5 of the affidavit, be substituted.

Office is reminded again that substitution matter should not be listed before Division Bench as such matters are cognizable by learned Single Judge.

(Arvind Kumar Tripathi (II),J)          (Prakash Krishna,J)

Order Date :- 18.7.2012

MK/