Khageshwar Rana & Ors vs Sundri Devi & Ors

Anil Kumar Choudhary, J

I.A. No. 11097 of 2022

Heard the parties.

Learned counsel for the petitioners submits that this Interlocutory Application has been filed with a prayer to substitute the legal representatives of the deceased petitioner no. 15- Tulshi Rana and respondent no. 12 – Akbar Khan and also to delete the name of respondent no. 3- Most. Jitni from the cause title.

It is further submitted that petitioner no. 15- Tulshi Rana died on 11.06.2019 leaving behind his only 02 legal representatives whose names, addresses and parentage has been mentioned in paragraph 3 of the interlocutory application.

It is next submitted that respondent no. 12 – Akbar Khan died on 26.05.2021 leaving behind his only 04 legal representatives whose names, addresses and parentage has been mentioned in paragraph 5 of the interlocutory application.

It is next submitted that respondent no. 3- Most. Jitni died leaving behind her only legal representatives who already are parties to this writ petition being respondent nos. 1 and 2 to this writ petition, hence, it is submitted that the deceased petitioner no. 15, respondent no. 12 be substituted by their legal representatives whose names, addresses and parentage has been mentioned in paragraph 3 and 5 respectively of this interlocutory application and word ‘dead’ be mentioned against the respondent no. 3.

Considering the aforesaid facts and circumstances of the case, the prayer to substitute the only 02 legal representatives of the deceased petitioner no. 15 as 15 (a) and 15 (b) whose names, addresses and parentage has been mentioned in paragraph 3 of the interlocutory application and the prayer to substitute the only 04 legal representatives of the deceased respondent no. 12 as 12 (a) to 12 (d) whose names, addresses and parentage has been mentioned in paragraph 5 of the interlocutory application, is allowed.

Registry is directed to incorporate the name of the only 02 legal representative of the deceased petitioner no. 15 as 15 (a) and 15 (b) and only 04 legal representative of the deceased respondent no. 12 as 12 (a) to 12 (d) in the cause title of the petition memo with ‘Red Ink’. Registry is also directed to mention the word ‘Dead’ against the name of the deceased petitioner no. 15, respondent no. 12 and respondent no. 3 in the cause title of the writ petition.

This interlocutory application is disposed of accordingly.

(ANIL KUMAR CHOUDHARY, J.)

WP (C ) No. 2990 of 2017

Issue notice to the respondent nos. 12 (a) to 12 (d) in the matter of admission.

The petitioners are directed to file requisites of notice through both processes i.e. under registered post with A/D as well as through ordinary process within two weeks, failing which, this writ petition shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

List this case after receipt of the service report of the notice issued to the said respondents.

Learned counsel for the petitioners undertakes to file vakalatnama on behalf of petitioner nos. 15 (a) and 15(b) within 4 weeks, failing which, this writ petition shall stand dismissed without further reference to the Bench.