Makru Kesharwani And Ors vs Dilip Bai And Ors
2022 Latest Caselaw 1168 Chatt

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                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                       SA No. 451 of 2014
                    Makru Kesharwani and Others Versus Dilip Bai and Others




04.03.2022         Mr. Ravindra Kumar Agrawal, Advocate for the Appellants.

                   Mr. Aman Kesherwani, Advocate for the respective Respondent.

Mr. Avinash K. Mishra, G. A. for the State.

Learned counsel for the appellant would submit that during pendency of appeal respondent No. 1 - Dilip Bai died on 28.12.2019. He would further submit that he has filed the application (I. A. No. 02/2020), under Order 22 Rule 2 read with Section 151 of CPC for deleting the name of respondent No. 1 as the legal representatives of respondent No. 1 i.e. respondent Nos. 2, 3 & 4 respectively are already on record. Learned counsel for the appellant would also submit that during pendency of the appeal a compromise has arrived between the parties therefore, he has also filed an application under Order 23 Rule 3 of CPC for passing the judgment & decree as per terms & condition of compromise.

The submission made by learned counsel for the appellant is not opposed by learned counsel for the respondent.

On due consideration, the I. A. NO. 02/20220 is allowed. The learned counsel for the appellant is directed to delete the name of respondent No. 1. Also considering the fact that a compromise has been arrived between the parties therefore, list the matter on 12th of March, 2022 for consideration before

the Lok-Adalat. On that day, the appellant and respondent are directed to remain present before this Court.

Sd/--

(Narendra Kumar Vyas) Judge

Amita