Smt. Geeta vs Badri Prasad
2022 Latest Caselaw 8011 MP

                                                 1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                          ON THE 17th OF JUNE, 2022

                                       FIRST APPEAL No. 774 of 2011

                           Between:-
                      1.   SMT. GEETA W/O LATE MANOHAR PRASAD
                           TIWARI , AGED ABOUT 64 YEARS, DAMUA,
                           TAHSIL JUNNARDEO (MADHYA PRADESH)

                      2.   SACHIN S/O LATE MANOHAR PRASAD TIWARI ,
                           AGED ABOUT 40 YEARS, DAMUA, TAH.
                           JUNNARDEO, DISTT. CHHINDWARA (MADHYA
                           PRADESH)

                      3.   ALOK S/O LATE MANOHAR PRASAD TIWARI ,
                           AGED ABOUT 37 YEARS, DAMUA, TAH.
                           JUNNARDEO, DISTT. CHHINDWARA (MADHYA
                           PRADESH)

                      4.   ATUL S/O LATE MANOHAR PRASAD TIWARI ,
                           AGED ABOUT 34 YEARS, DAMUA, TAH.
                           JUNNARDEO, DISTT. CHHINDWARA (MADHYA
                           PRADESH)

                      5.   SMT. SHOBHA W/O LATE SURESH TIWARI ,
                           AGED ABOUT 46 YEARS, DAMUA, TAH.
                           JUNNARDEO, DISTT. CHHINDWARA (MADHYA
                           PRADESH)

                      6.   DINESH S/O SHIVNANDAN TIWARI , AGED
                           ABOUT 48 YEARS, DAMUA, TAH. JUNNARDEO,
                           DISTT. CHHINDWARA (MADHYA PRADESH)

                      7.   HARESH S/O SHIVNANDAN TIWARI , AGED
                           ABOUT 46 YEARS, DAMUA, TAH. JUNNARDEO,
                           DISTT. CHHINDWARA (MADHYA PRADESH)

                                                                      .....APPELLANTS
                           (NONE FOR THE APPELLANTS )

                           AND
Signature
 SAN      Not
Verified
                      1.   BADRI PRASAD S/O LATE BALKRISHNA TIWARI
Digitally signed by
KUMARI PALLAVI             , AGED ABOUT 71 YEARS, OPP. LIC OFFICE,
SINHA                      BHARAT COLONY PREMNAGAR JABALPUR
Date: 2022.06.17
18:34:53 IST
                                 2
        (MADHYA PRADESH)

2.      RAJDULARI W/O LATE LALTA PRASAD TIWARI ,
        AGED ABOUT 63 YEARS, OPPOSITE LIC OFFICE,
        BHARAT COLONY, PREMNAGAR, JABALPUR
        (MADHYA PRADESH)

3.      JAGDISH S/O LATE LALTA PRASAD TIWARI ,
        AGED ABOUT 46 YEARS, OPPOSITE LIC OFFICE,
        BHARAT COLONY, PREMNAGAR, JABALPUR
        (MADHYA PRADESH)

4.      SANJAY S/O LATE LALTA PRASAD TIWARI ,
        AGED ABOUT 42 YEARS, OPPOSITE LIC OFFICE,
        BHARAT COLONY, PREMNAGAR, JABALPUR
        (MADHYA PRADESH)

5.      INDU S/O LATE LALTA PRASAD TIWARI , AGED
        ABOUT 33 YEARS, OPPOSITE LIC OFFICE,
        BHARAT COLONY, PREMNAGAR, JABALPUR
        (MADHYA PRADESH)

6.      KARUN S/O LATE LALTA PRASAD TIWARI ,
        AGED ABOUT 30 YEARS, OPPOSITE LIC OFFICE,
        BHARAT COLONY, PREMNAGAR, JABALPUR
        (MADHYA PRADESH)

7.      SMT. GEETA W/O SHRI SHAMBHU DAYAL
        TIWARI , AGED ABOUT 45 YEARS, OPPOSITE LIC
        OFFICE, BHARAT COLONY, PREMNAGAR,
        JABALPUR (MADHYA PRADESH)

8.      MAHESH PRASAD S/O LATE BALKRISHNA
        TIWARI , AGED ABOUT 63 YEARS, BHEDAGHAT
        SQUARE, JABALPUR (MADHYA PRADESH)

9.      COLLECTOR / DISTRICT MAGISTRATE THE
        STATE OF MADHYA PRADESH CHHINDWARA
        (MADHYA PRADESH)

                                                         .....RESPONDENTS
        (NONE FOR THE RESPONDENTS )

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                 ORDER

By way of the application under Order 22 Rule 9 of CPC r/w Section 151

CPC (I.A. No. 2575/2018) filed on behalf of the respondents, it was reported that respondent No.1 Badri Prasad Tiwari had died on 10.11.2015 and another respondent No.7 Smt. Geeta Bai had died on 28.05.2015. The application shows that copy of this I.A. was supplied to the learned counsel for the appellants Shri Dharmendra Soni on 20.02.2018. Record shows that after such application, which is supported by affidavit and death certificates of the aforesaid respondents, no application for substitution of legal heirs of the said respondent Nos. 1and 7 has been filed so far.

From bare perusal of the judgment and decree, it appears that the decree passed in favour of the respondent No.1 to 8 is common and indivisible, therefore, due to death of the said respondents, the appeal stood abated automatically after lapse of period of 90 days as has been held by Hon'ble the Apex Court in the case of Madan Naik (Dead) By Legal Representatives and others Vs. Mst. Hansubala Devi and others since reported in AIR 1983 SC 676. Accordingly, this appeal is dismissed as abated.

However, the appellants are free to file application for substitution of legal heirs and setting aside the abatement by way of filing fresh MCC.

(DWARKA DHISH BANSAL) JUDGE Pallavi