Deceased Banshilal Thru. Lrs. ... vs Kantilal
2021 Latest Caselaw 6447 MP

                                    1                                SA-27-2018
        The High Court Of Madhya Pradesh
                   SA/00027/2018
         (DECEASED BANSHILAL TRH. LRS. RAJESH VS. KANTILAL)
13
Indore, Dated : 05-10-2021
      Shri Vinay Saraf, learned Senior Advocate with Shri Rizwan Khan,

learned counsel for the appellants.
      Shri Mukesh Kumar Tare, learned counsel for respondent No.3 and 4.

Heard on I.A. Nos. 1220/2018 and 9002/2019. I.A. No.1220/2018, is an application seeking leave of this Court for

impleadment of proposed respondents i.e. respondent No.2.1 and 2.2 as legal heirs of respondent No.2, who died after impugned judgment delivered and during pendency of this appeal.

Learned counsel for the appellants submits that despite on three occasion process fee paid, proposed respondents could not be served. He refers to the order passed by this Court on 10/09/2018, 01/12/2018 and 14/08/2019. Hence, seeks leave of this Court through I.A. No.9002/2019 for service of proposed respondents No.2.1 and 2.2 through paper publication under Order V rule 22 CPC.

Prayer accepted.

Let process fee be paid for preparation of noticed in the Registry for service of proposed respondents No.2.1 and 2.2 as described in instant I.A.

After preparation of notices, the same be handed over to the instructing counsel Shri Rahul Maheshwari for ensuring publication of notices in two Hindi Daily Newspaper having wide circulation in District Khargone.

Fifteen days time as prayed for is granted to place on record the proof of publication of notice alongwith relevant part of paper on an affidavit.

I.A. Nos. 1220/2018 and 9002/2019 are closed. Let copy of I.A. No.5274/2021 and I.A. No.5275/2021 be supplied to counsel appearing for respondents No.3 and 4 enabling him to seek instructions and file reply, if so advised.

2 SA-27-2018 List these I.As. for consideration after two weeks.

(ROHIT ARYA) JUDGE

sh

VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

CHATURV COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf20

EDI e67d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.10.07 13:26:42 +05'30'