Kashichand (Dead) vs Madhu Gupta
2021 Latest Caselaw 3789 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               SA No. 684 of 2019
                      Kashichand (dead) Versus Madhu Gupta




17-12--2021          Mr. Achyut Tiwari, counsel for the appellants.
                     Mr. Devershi Thakur, counsel for respondents No. 1,

3A & 6.

Ms. Priyanka Mehta, counsel for respondent No.2. Ms. K. Radhika, counsel for respondent No.6. Learned counsel for the appellants would submit that the appellant Kashichand died on 7-12-2016 as per Annexure P/3 whereas the judgment and decree has been passed on 3-2-2017 ie.,, after death of Kashichand, therefore, the issue has to be examined by this court whether the judgment and decree passed against one of the contestant Kashichand who died during pendency of the appeal and his legal representatives have not been brought on record, will amount nullity or clearly irregularity. He would further submit that execution proceeding has already been initiated.

Learned counsel for respondents Jo.1, 3-A and 6 would submit that he may be given three weeks' time to make submission with regard to the issue crop up in Second Appeal before admission.

Since the judgment and decree has been passed against main contestant who died during pendency of the appeal and whose legal representatives have not been brought on record, the issue has to be determined what would be its effect, therefore, status quo as it exists today shall be maintained by the parties.

List this case for admission and for further submission on 24-2-2022.

Sd/-

Raju                                         (Narendra Kumar Vyas)
                                                    Judge