Allahabad High Court
Smt. Savitri Devi vs Badshah & Others on 18 April, 2013
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 27
Case :- SECOND APPEAL No. - 1033 of 1998
Petitioner :- Smt. Savitri Devi
Respondent :- Badshah & Others
Petitioner Counsel :- S.S.Sharma,Deepak Barnwal,V.K.Dixit
Respondent Counsel :- Kripa Shankar Singh,Km.Chitra Dixit,Manu Saxena
Hon'ble Mrs. Sunita Agarwal,J.
Delay Condonation Application No. 375989 of 2012
Substitution Application No.375990 of 2012
Rejoinder affidavit in reply to the counter affidavit filed by respondents no. 6 & 7, filed today is taken on record.
The substitution application has been filed on behalf of Ram Narain Mahrotra claiming himself to be husband of deceased appellant Smt. Savitri Devi. In the affidavit accompanying substitution application Ram Narain Mahrotra stated in paragraph 3 that he is an old person of 85 years and his memory has become weak. He further stated in paragraph 6 of the affidavit that his son Sanjeev Mahrota has been adopted long back by one Prem Narain Mahrotra and hence he is sole legal representative of deceased appellant Smt. Savitri Devi.
Sri Manu Saxena, learned counsel for the applicant filed an impleadment application No. 19163 of 2009 on behalf of Smt. Neelam Kapoor and Smt. Tarawati Singh in counter to the substitution application stating therein that the averment stated in the affidavit filed in support of the substitution application is incorrect.
He further informed that son of appellant Smt. Savitri Devi moved a restoration application no. 165778 of 2012 stating therein that he being son of the appellant is sole legal representative of the deceased appellant. The restoration application was allowed on 21.2.2013 and it was stated in the order dated 21.2.2013 that the question of substitution may be considered by the Court on the next date.
Learned counsel for the respondent did not dispute that Sanjeev Mahrotra is the son of Smt. Savitri Devi deceased appellant. However, only argument is that he has been adopted by one Prem Narain Mahrotra. In view of the said submission, the Court deems it proper to substitute Ram Narain Mahrotra and Sanjeev Mehrotra as heirs and legal representatives of deceased appellant.
Above applications are allowed. Office is directed to implead Ram Narain Mahrotra son of Late Munna Lal and Sanjeev Mahrotra son of Ram Narain Mahrotra both resident of Mohalla Kasbhara Tehsil Powayan, District Shahjahanpur as appellants.
Order Date :- 18.4.2013/P.P.
.
Case :- SECOND APPEAL No. - 1033 of 1998
Petitioner :- Smt. Savitri Devi
Respondent :- Badshah & Others
Petitioner Counsel :- S.S.Sharma,Deepak Barnwal,V.K.Dixit
Respondent Counsel :- Kripa Shankar Singh,Km.Chitra Dixit,Manu Saxena
Hon'ble Mrs. Sunita Agarwal,J.
Delay Condonation Application No.31715 of 2013
Substitution Application No.31718 of 2013
Issue notice to the legal representatives of deceased respondent no. 4. Steps be
taken within a period of two weeks by both ways i.e registered post A.D. as well as ordinary process.
Order Date :- 18.4.2013
P.P.
.
Case :- SECOND APPEAL No. - 1033 of 1998
Petitioner :- Smt. Savitri Devi
Respondent :- Badshah & Others
Petitioner Counsel :- S.S.Sharma,Deepak Barnwal,V.K.Dixit
Respondent Counsel :- Kripa Shankar Singh,Km.Chitra Dixit,Manu Saxena
Hon'ble Mrs. Sunita Agarwal,J.
Impleadment application No. 19163 of 2009
Impleadment has been filed on the basis of registered sale deed dated 29.12.2008 on 15.1.2009 . Till date no counter affidavit has been filed. Impleadment application is allowed. Office shall carry out necessary incorporation in the array of parties within one week.
Order Date :- 18.4.2013
P.P.
