Keshbati Devi & Ors vs Saraswati & Ors

I.A. No. 1837 of 2013

This interlocutory application has been filed for substitution of legal heirs and successor of deceased-respondent no. 10.

Learned counsel for the appellants submits that the name of legal heirs of respondent no. 10 has been provided in para 1 of the said interlocutory

application which are as follows:-

(i) Kusum Mahato, wife of Trinath Mahato & (ii) Bandita Devi, wife of Binay Mahato.

He further submits that the interlocutory application has been filed well within the time.

In view of above fact and considering the submission of the learned counsel for the appellants that the interlocutory application has been filed well

within time, prayer is allowed.

Counsel for the appellants is directed to make necessary correction with regard to respondent no. 10 during course of day.

I.A. No. 1837 of 2013 stands allowed and disposed of.

I.A. No. 2077 of 2015

This interlocutory application has been filed for substitution of legal heirs and successor of deceased-respondent no. 44.

Learned counsel for the appellants submits that the name of legal heirs of respondent no. 44 has been provided in para 1 of the said interlocutory

application which are as follows:-

(i) Bhawani Devi, wife of Sudhir Mahato & (ii) Tarni Devi wife of Nandlal Mahto.

He further submits that the interlocutory application has been filed well within the time.

In view of above facts and considering the submission of the learned counsel for the appellants that the interlocutory application has been filed well

within time, prayer is allowed.

Counsel for the appellants is directed to make necessary correction with regard to respondent no. 44 during course of day.

I.A. No. 2077 of 2015 stands allowed and disposed of.

I.A. No. 1161 of 2016

This interlocutory application has been filed for substitution of legal heirs and successor of deceased-respondent no. 43.

Learned counsel for the appellants submits that the name of legal heirs of respondent no. 43 has been provided in para 1 of the said interlocutory

application which are as follows:-

Arti Devi, Bibhuti Devi, Chanchala Devi, Rudrani Devi (all daughters of respondent no. 43), one widow daughter-in-law namely, Lalmuni Devi, one

grandson namely, Vivekanand Mahto and three sons namely, Raj Kishore Mahato, Braj Kishore Mahto and Bidya Bibnod Mahto.

He further submits that the interlocutory application has been filed well within the time.

In view of above facts and considering the submission of the learned counsel for the appellants that the interlocutory application has been filed well

within time, prayer is allowed.

Counsel for the appellants is directed to make necessary correction with regard to respondent no. 43 during course of day.

I.A. No. 1161 of 2016 stands allowed and disposed of.

I.A. No. 1162 of 2016, I.A. No.1160 of 2016 & I.A. No.1163 of 2016

I.A. No. 1162 of 2016 has been filed for substitution of legal heirs and successor of deceased-respondent no. 15.

Learned counsel for the appellants submits that the name of legal heirs of respondent no. 15 has been provided in para 1 of the said interlocutory

application which are as follows:-

(A) Hari Shankar Mahto, son of late Dhrop Chandra Mahto (B) Ravi Shankar Mahto, son of late Dhrop Chandra Mahto, (C) Anita Kumari, D/o late

Dhrop Chandra Mahto and (D) Shuda Devi wife of Lal Bihari Mahto and D/o Dhrop Chandra Mahto.

He further submits that there is delay of 5 days in filing the substitution petition for which he has filed I.A. No. 1160 of 2016 for condonation of delay

in filing the substitution petition. He further submits that reason for condonation of delay has been given in para 4 on wards of the said interlocutory

application. He further submits that this second appeal is abated against the respondent no. 15, for which I.A. No.1163 of 2016 has been filed for

setting aside abetment against respondent no. 15.

In view of above facts, considering the submission of the learned counsel for the appellants and reasons assigned in the interlocutory application, delay

in filing the substitution petition is condoned, abatement as against the respondent no. 15 is set-aside and I.A. No. 1162 of 2016 for substitution of legal

heirs and successor of respondent no. 15 is allowed.

Learned counsel for the appellants is directed to make necessary correction with regard to respondent no. 15 during course of day.

I.A. No. 1160 of 2016, I.A. No. 1162 of 2016, I.A. No. 1163/2016 stand allowed and disposed of.

Learned counsel for the appellants submits that he will file appropriate petition for substitution of legal heirs and successors of deceased-respondent

nos. 13, 14, 19, 20, 25 and 37.

S.A. No. 312 of 2005

Let notice be issued upon the newly added legal heirs and successors of the deceased-respondents under registered cover with A/D as well as by

ordinary process for which requisites etc must be filed within two weeks, failing which this appeal shall stand rejected without reference to a Bench.