Mast Ram vs Dhani Ram And Others

Sureshwar Thakur, J

CMP(M) No. 251 of 2021.

Since, the demise of one Sudama Ram, arrayed as co-respondent No.2, in the array of respondents, as, disclosed by Annexure A-1, has, occurred during the pendency of the extant appeal before this Court, inasmuch, as, on 20.12.2018. Moreover, since the requisite delay, as has occurred, in the institution of the instant application, is sufficiently explained, thereupon, the apposite delay is condoned . Abatement, if any, is also set aside. Since, for the continuation of the instant appeal, the substitution of co-respondent No.2, one Sudama Ram, by his legal representatives is imperative, thereupon, his legal representatives as enumerated in paragraph No.1 of the instant application, are ordered to be substituted in his place. The extant application stands disposed of. The Registry is directed to carry out necessary corrections in the relevant records. No notice need be issued to the newly added co-respondents No.2(a) to 2(e), as, they are duly represented by Mr. Janesh Gupta, Advocate.

CMP No. 4225 of 2021 & RSA No. 498 of 2006.

During the pendency of the extant appeal, before this Court, a conjoint application has been filed under the provisions of Order 23, Rule 3 read with Section 151 of the CPC, application whereof, is, duly accompanied by an affidavit sworn by the plaintiff/appellant. Moreover, the affidavit of one Ram Swarup, arrayed as co-respondent No. 6, the duly constituted attorney, by the legal heirs of deceased Sudama Ram, is also appended alongwith the afore application. Since, Ram Swarup, co-respondent No.6, is also a duly constituted attorney of co-respondents No.1 and 3 to 5, hence, the endeavour as made through the afore application, can be validly recoursed. Consequently, today, in terms of the settlement arrived at interse the contesting litigants Mr. Neeraj Gupta, the learned Senior Counsel, and, Mr. Janesh Gupta, the learned counsel, handed over a cheque bearing No. 007173, of, 21.03.2021, containing an amount of Rs.20,000/-, drawn at Jogindra Central Co-operative Bank Ltd, Bhararighat, to the learned senior counsel appearing for the appellant. Since, the afore handing over of the afore cheque, is, towards satisfaction of the terms of the compromise arrived at inter se the contesting litigation, therefore, in terms of the settlement arrived at inter se the contesting parties, and, as contained in the application under Order 22, Rule 3 of the CPC, the extant appeal is disposed of as becoming comprised. Photo copy of the cheque be retained on the records of the extant case. The demarcation report, Ex.PW2/A, and, the extant application bearing No.4225 of 2021 shall form part and parcel of the compromise decree. Decree sheet be prepared accordingly. All pending applications also stand disposed of.