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2023 Supreme(Pat) 27

AHSANUDDIN AMANULLAH
Bhawar Prasad (since deceased) – Appellant
Versus
Jangali Devi (since deceased) – Respondent


Advocates:
For the Appellants : Mr. Prabhu Narayan Sharma.
For the Resp. No. 9 and 19 : M/s Ashok Kumar, Sushil Kumar Ojha.

Ahsanuddin Amanullah, J.—Heard Mr. Prabhu Narayan Sharma, learned counsel for the appellants and Mr. Ashok Kumar, learned counsel for the respondents no. 9 and 19.

2. The matter has been coming up for passing orders on various Interlocutory Applications filed either on behalf of the appellants or the respondents.

3. At the outset, the Court would indicate that Interlocutory Application No. 4138 of 2018 and Interlocutory Application No. 24 of 2021 filed on behalf of respondent no. 9 have been taken up first for the reason that prayer has been made in the said Interlocutory Applications for holding that the present First Appeal has abated on account of death of respondents no. 8(i), 8(iii), 9, 23, 24, 29(c), 33 and 34 as per Interlocutory Application No. 4138 of 2018 and respondents no. 11, 26, 30(d), 32(ii) as also appellants no. 9 and 11 as per Interlocutory Application No. 24 of 2021.

4. Learned counsel for the respondents no. 9 and 19 pressing the aforesaid Interlocutory Applications submitted that the abovenamed respondents died in the year 1999, 2010, 2006, 2016, 2005, 2016, 2010, 2015, 2021, 2017, 2020 and 2020 respectively, whereas the appellants no. 9 and 11 have also died but

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