Allahabad High Court
Smt.Teja vs Smt.Chhoti on 18 April, 2013
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 27
Case :- SECOND APPEAL No. - 603 of 1990
Petitioner :- Smt.Teja
Respondent :- Smt.Chhoti
Petitioner Counsel :- G.N.Verma,Dr. Madhu Tandon,J.N. Verma,Madhur Prakash,Shashi Kumar Verma
Respondent Counsel :- V.K.S.Chaudhary,Jitendra Kumar Ravat,P.K. Dubey,S. Niranjan,Yogendra Kumar Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
Delay Condonation Application No.194867 of 2009
Application No.194870 of 2009
The application has been moved on behalf of the appellant with the prayer that sole respondent Smt. Chhoti @ Lohri died issueless and she has left no heirs, as such her property belongs to Gram Sabha who may be impleaded as respondent.
There is delay in filing substitution application. It has been stated in the affidavit accompanying substitution application that earlier an application no. 3538 of 1992 was moved to bring on record the successor of Smt. Chhoti i.e. Smt. Raja Beti wife of Bhagwan Deen as her heir and legal representative.In the meantime, an application was also moved by Bhagwan Deen. Both Rajabeti and Bhagwan Deen died during pendency of the substitution application. As such, the concerned Gram Sabha can only be impleaded as party to the estate of deceased Smt. Chhoti.
Cause for delay in filing substitution application is sufficient.The delay condonation application is allowed.
Substitution application is allowed. Gaon Sabha Bhadpura, Tehsil Orai, District Jalaun be impleaded as one of the respondents in the present appeal.
Office is to carry out necessary incorporation in the array of parties.
Order Date :- 18.4.2013
P.P.
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Case :- SECOND APPEAL No. - 603 of 1990
Petitioner :- Smt.Teja
Respondent :- Smt.Chhoti
Petitioner Counsel :- G.N.Verma,Dr. Madhu Tandon,J.N. Verma,Madhur Prakash,Shashi Kumar Verma
Respondent Counsel :- V.K.S.Chaudhary,Jitendra Kumar Ravat,P.K. Dubey,S. Niranjan,Yogendra Kumar Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
Application No.32377 of 2001
This application has been moved on behalf of the appellant to bring on record one Smt. Manna Devi claiming herself to be sister of Raja Beti as heir of Smt. Chhoti the sole respondent. Counter affidavit has been filed by Bhagwan Deen to the said application on the basis of registered will dated 25.10.1992 and claimed that sole respondent Smt. Chhoti has bequeathed suit property to him.
Learned counsel for the appellant submits that he does not want to press the substitution application to implead Smt. Manna Devi, the application be rejected as not pressed.
The application is rejected.
Order Date :- 18.4.2013
P.P.
Case :- SECOND APPEAL No. - 603 of 1990
Petitioner :- Smt.Teja
Respondent :- Smt.Chhoti
Petitioner Counsel :- G.N.Verma,Dr. Madhu Tandon,J.N. Verma,Madhur Prakash,Shashi Kumar Verma
Respondent Counsel :- V.K.S.Chaudhary,Jitendra Kumar Ravat,P.K. Dubey,S. Niranjan,Yogendra Kumar Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
Application No.3538 of 1992
This application has been moved on behalf of the appellant to bring on record Smt. Raja Beti as heir of Smt. Chhoti the sole respondent. No counter affidavit has been filed to the said application.
Learned counsel for the appellant submits that he does not want to press the substitution application to implead Smt. Raja Beti, the application be rejected as not pressed. The application is rejected.
Order Date :- 18.4.2013
P.P.
.
Case :- SECOND APPEAL No. - 603 of 1990
Petitioner :- Smt.Teja
Respondent :- Smt.Chhoti
Petitioner Counsel :- G.N.Verma,Dr. Madhu Tandon,J.N. Verma,Madhur Prakash,Shashi Kumar Verma
Respondent Counsel :- V.K.S.Chaudhary,Jitendra Kumar Ravat,P.K. Dubey,S. Niranjan,Yogendra Kumar Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
Application No.260089 of 2009 dated 30.10.2007
Sri Rahul Jain holding brief of Sri Kunal Ravi Singh, learned counsel for the applicant states that Bhagwan Deen filed substitution applicatin no. 1301092 for substitution of his name as heir and legal representative of Smt. Chhoti. The said application is still pending. The said applciation is not on record.
Office is directed to traceout the same and place it on record.
Order Date :- 18.4.2013
P.P.
Case :- SECOND APPEAL No. - 603 of 1990
Petitioner :- Smt.Teja
Respondent :- Smt.Chhoti
Petitioner Counsel :- G.N.Verma,Dr. Madhu Tandon,J.N. Verma,Madhur Prakash,Shashi Kumar Verma
Respondent Counsel :- V.K.S.Chaudhary,Jitendra Kumar Ravat,P.K. Dubey,S. Niranjan,Yogendra Kumar Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
Abatement Application No. 194860 of 2009
Rejected.
Order Date :- 18.4.2013
P.P.
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Case :- SECOND APPEAL No. - 603 of 1990
Petitioner :- Smt.Teja
Respondent :- Smt.Chhoti
Petitioner Counsel :- G.N.Verma,Dr. Madhu Tandon,J.N. Verma,Madhur Prakash,Shashi Kumar Verma
Respondent Counsel :- V.K.S.Chaudhary,Jitendra Kumar Ravat,P.K. Dubey,S. Niranjan,Yogendra Kumar Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
Order sheet
Sri S. Niranjan moved an impleadment application to bring on record the heir and legal representative of deceased sole respondent. There is some defect in the applicaiton.
Learned counsel for the applicant prays for and is allowed two weeks' time to move proper amendment applicaiton and further to file supplementary affidavit to explain as to how Smt. Raja Beti executed the registered will deed dated 22.3.2001.
Order Date :- 18.4.2013
P.P.
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