Ayodhya Prasad vs Rama Singh
2025 Latest Caselaw 7506 Jhar

Jharkhand High Court

Ayodhya Prasad vs Rama Singh on 4 December, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                    S.A. No. 09 of 2010
                                           With
                                   I.A. No. 9598 of 2025
                                           With
                                   I.A. No. 9599 of 2025
                                           With
                                  I.A. No. 14618 of 2025
                                           With
                                  I.A. No. 16326 of 2025
                                           With
                                  I.A. No. 16327 of 2025

                Ayodhya Prasad                                   ...    ...    Appellant
                                            Versus
                Rama Singh                                 ...     ...        Respondent
                               ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Kaushalendra Prasad, Advocate : Ms. Sulekha Sharma, Advocate For the Respondent : Mr. Shailendra Kr. Singh, Advocate

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16/04.12.2025 Learned counsel for the parties are present.

I.A. No. 9598 of 2025 with I.A. No. 9599 of 2025 And I.A. No. 16326 of 2025 with I.A. No. 16327 of 2025 with I.A. No. 14618 of 2025

2. I.A. No. 9599 of 2025 has been filed for substitution of deceased sole appellant namely, Ayodhya Prasad who died on 01.05.2021. The names of legal heirs of the deceased appellant have been mentioned in paragraph 8 of the interlocutory application and Vakalatnama on behalf of the proposed legal heirs and successors of the sole appellant have also been filed.

3. I.A. No. 9598 of 2025 has been filed on behalf of the proposed legal heirs and successors of the sole appellant seeking condonation of delay in filing the petition for substitution.

4. During the court proceedings, a petition for substitution of deceased sole respondent namely, Rama Singh has been filed, who is said to have expired on 02.03.2011. A petition has also been filed during the court proceedings for condonation of delay in filing the aforesaid interlocutory application seeking substitution of the sole respondent.

5. Both the interlocutory applications are taken on record.

6. It has been submitted that the information regarding death of sole respondent was filed before this Court through I.A. No. 14618 of 2025.

7. Learned counsel for the parties have no objection so far as prayers for substitution of the sole appellant and sole respondent and condonation of delay in filing the respective substitution petitions, are concerned.

8. Accordingly, I.A. No. 9599 of 2025 seeking substitution of sole appellant is allowed. I.A. No. 9598 of 2025 seeking condonation of delay in filing substitution petition with respect to deceased sole appellant is also allowed.

9. Learned counsel for the appellant is directed to delete the name of the sole appellant from the cause-title and insert the name of his legal heirs and successors whose details have been mentioned in paragraph 8 of I.A. No. 9599 of 2025, in red ink during the course of the day.

10. So far as substitution of sole respondent is concerned, I.A. No. 16327 of 2025 seeking substitution of sole respondent is allowed. I.A. No.16326 of 2025 seeking condonation of delay in filing substitution petition with respect to deceased sole respondent is also allowed.

11. Learned counsel for the appellant is directed to delete the name of the sole respondent from the cause-title and insert the name of his legal heirs and successors whose details have been mentioned in paragraph 6 of the interlocutory application being I.A. No. 16327 of 2025, in red ink during the course of the day.

12. I.A. No. 14618 of 2025 informing the Court about death of the sole respondent is closed.

13. Learned counsel for the appellant is directed to furnish a typed copy of the trial court's judgment.

14. With consent of the learned counsel for the parties, post this case on 06th January 2026 under the heading "For Final Disposal".

(Anubha Rawat Choudhary, J.) Pankaj