Pawan Kr. Santhalia vs Shyamlal Santhalia & Ors
2023 Latest Caselaw 494 Cal

                                              FMA 3763 of 2013
Item-60.                            CAN 3 of 2014 (old CAN 4933 of 2014)
           17-01-2023
                                               CAN 8 of 2021
  sg
             Ct. 8

                                             Pawan Kr. Santhalia
                                                    Versus
                                           Shyamlal Santhalia & Ors.


                              Mr. Probal Kumar Mukherjee, Sr. Adv.
                              Ms. Shebatee Datta, Adv.
                                                        ...for the appellant

                              Mr. Tanoy Chakraborty, Adv.
                              Mr. Abhishek Singa, Adv.
                                                         ...for the respondent nos.1-5

Leave is given to the learned Counsel representing the

applicants to incorporate the name of Nirmala Devi Keshri as

respondent no.8, inadvertently left out in course of the day.

In Re: CAN 8 of 2021

This is an application for substitution. All the respondents

save and except respondent nos. 6 and 7, have been served. The

application is within the period of limitation. In view of the

judgments of the Hon'ble Supreme Court in Miscellaneous

Application No.665 of 2021 in SMW (C) No.3 of 2020 dated 23 rd

September, 2021 and the order passed by the Special Bench of this

Court dated 17th January, 2022 (WPA 5323 of 2020), this

application is within time.

It is stated that the sole appellant died intestate on 12th

August, 2021 leaving behind the legal heirs and representatives

monitored in paragraph 8 of the petition. All the proposed

substituted legal heirs are all manor, sui juries and right to sue

survive.

On such consideration this application for substitution is

allowed.

Under such circumstances, we direct the department to

record the death of the sole appellant and substituted the names of

the proposed appellants as mentioned in paragraph 8 of the said

application in stead and in place of the deceased appellant within

two weeks from date.

After the amendments are carried out, an amended

memorandum of appeal shall be served upon respondents within

one week from the date of amendment being carried out by the

department concerned.

CAN 8 of 2021 is, accordingly, disposed of.

In Re: CAN 3 of 2014 (old CAN 4933 of 2014)

The order of status quo passed at the time of admission of

the appeal shall continue till the disposal of the appeal.

CAN 3 of 2014 (old CAN 4933 of 2014) is, accordingly,

disposed of.

In Re: FMA 3763 of 2013

The appeal shall be listed in the monthly combined list of

March, 2023.

   (Uday Kumar, J.)                             (Soumen Sen, J.)