Jharkhand High Court
Smt. Malti Devi & Ors vs Sharmanand Shaw & Ors on 9 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 02 of 2022
Smt. Malti Devi & Ors. ...... Appellants
Versus
Sharmanand Shaw & Ors. ......Respondents
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Appellants : Mr. Prashant Pallav, Advocate
For the Resp. No.1 : Ms. Alka Kumari, Advocate
Mr. Nilesh Kumar, Advocate
.....
Order No.08/ Dated:09.10.2023
I.A. No. 8402 of 2023 & I.A. No. 8403 of 2023
I.A. No. 8402 of 2023 has been filed for setting aside the abetment in respect
of respondent nos. 2, Prakash Shaw and respondent no. 3, Bhushan Shaw who
have been died on 27.03.2018 and 03.06.2016 respectively, however, they
could not be substituted within statutory time while I.A. No. 8403 of 2023 is
filed for the substitution of heirs and legal representatives of respondent nos. 2
and 3.
Learned counsel for the appellant submits that the appellants were unaware
of the fact that respondent nos. 2 and 3 have passed away before filing of this
Appeal, and got to know about the same during the court of proceeding on
10.08.2023 when the report was made that on account of death of respondent
nos. 2 & 3, notice could not be served upon them. It is further submitted that
present petition for substitution is filed immediately after knowledge of death
of the respondent nos. 2 & 3 after collecting the details of their legal heirs.
The details of heirs and legal representative of respondent nos.2 and 3 have
been given in para 5 & 6 of I.A. No. 8402 of 2023.
Considering the factual background of the case, I.A. No. 8402 of 2023 &
I.A. No. 8402 of 2023 are allowed and abetment is set aside.
Learned counsel for the appellants is directed to make necessary correction
in memo of appeal in course of day by substituting the name of heirs and legal
representatives of Respondent nos. 2 & 3 in red ink.
I.A. No. 8404 of 2023
Through the Interlocutory application, the appellants pray before this Court
to delete the name of respondent no.11, Sushila Devi, on account of her death
on 01.08.2023 during the pendency of this Second Appeal.
It is submitted that respondent no.11 is survived by her heirs and legal
representatives, who are already parties as respondent nos. 12 to 16 in this
second appeal.
Accordingly, I.A. No. 8404 of 2023 is allowed and at the behest of appellant
the name of respondent no. 11 is deleted from the array of the parties.
I.A. No. 2551 of 2022
This interlocutory application has been filed by the appellants with a prayer
for grant of stay of the Execution Case No. 16 of 2021 which is pending before
the learned Civil Judge (Senior Division), Jamtara for execution of the
judgment dated 20.09.2021 and decree dated 07.10.2021 passed in Civil
Appeal No. 16 of 2008.
Learned counsel for the appellants submits that this case was admitted for
hearing on the substantial question of law formulated by this Court vide its
order dated 10.05.2023 and execution proceeding is going on regular basis and
is on the verge of disposal. It is further submitted that vide order dated
08/09/2023, the learned Execution Court has ordered for appointment of
Magistrate along with police force effectuating the handing over of the
possession of the suit property in favour of the respondents.
Considering the facts and circumstances of the case, further proceeding of
the Execution Case No. 16 of 2021 pending before the learned Civil Judge
(Senior Division), Jamtara shall remain stayed till next date of hearing.
I.A. No. 2551 of 2022 stands disposed of.
(Pradeep Kumar Srivastava, J.)
R.K/
