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Judgment
11 paragraphs · 393 wordsGautam Kumar Choudhary, J
I.A. No.10020 of 2022, I.A. No.11499 of 2022 and I.A. No.11235 of 2022
I.A. No.10020 of 2022 has been filed by the petitioner for direction to the opposite parties to furnish the necessary information regarding heirs and descendants of opposite party No.2-Bhagwati Yadav, who had reportedly died. In pursuance of this petition, the necessary information has been furnished by I.A. No.11235 of 2022 filed under Order XXII, Rule 10A read with Section 151 of the Code of Civil Procedure by the opposite party No.1 that Bhagwati Yadav died on 29.01.2021 leaving behind his legal heirs and successors fully detailed in para 2. After getting the necessary information, I.A. No.11499 of 2022 has been filed for substitution of the opposite party No.2-Bhagwati Yadav, who died on 29.01.2021.
It is submitted by the learned counsel on behalf of opposite party that there has been delay of 1½ years in filing the substitution petition but no petition for condonation of delay has been filed. In reply, it is submitted that prayer has been made at para 7 in I.A. No.10020 of 2022 for condoning the delay. It is also submitted that due to Covid pandemic and no information regarding death of opposite party No.2, there was some delay in filing the substitution petition.
Considering the submissions, the delay is condoned and the substitution petition is allowed. Let the name of legal heirs and descendants fully detailed in para 4 of I.A. No.11499 of 2022 and I.A. No.10020 of 2022 be incorporated in place of opposite party No.2 and after substitution, office is directed to make necessary entries.
I.A. No.10020 of 2022, I.A. No.11499 of 2022 and I.A. No.11235 of 2022 are disposed of.
C.M.P. No. 295 of 2020
Instant civil miscellaneous petition has been filed inter alia for a direction to expeditiously decide the injunction application dated 12th December, 2019 filed before the learned Court below.
From the prayers above made, it is manifest that injunction application has been field on 12th December, 2019 and the application for interim stay on 21st July, 2020, but till date no order has been passed on these petitions.
Under the circumstance, learned Court below is directed to dispose of the pending injunction petitions within a period of three months.
This civil miscellaneous petition is accordingly disposed of. Other I.As., if any, are also disposed of.