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2023 Supreme(Pat) 1413

MOHIT KUMAR SHAH
Yogendra Prasad Sah @ Yogendra Sah – Appellant
Versus
Parmatma Sah – Respondent


Advocates Appeared:
For the Petitioners: Mr. Dr. Manoj Kumar.
For the Respondents: Mr.Nawal Kishore Prasad.

Mohit Kumar Shah, J. – The present writ petition has been filed seeking the following relief: –

“1. That the present writ application is directed against an order dated 24.2.2016, passed by the learned Additional District Judge-V, Bhagalpur in Title Appeal No. 178 of 2006 whereby and whereunder the learned Appellate Court rejected the petition dated 10.7.2015 filed by the petitioners in this writ application for their substitution in place of deceased sole appellant Khomas Sah after condoning the delay and accordingly held that the present suit has abated.”

2. The learned counsel for the parties have pointed out, at the outset, that earlier writ petitions were being filed against the interlocutory orders (such orders which have not finally decided the suits or proceedings in favour of the parties and the suits or such proceedings have not stood disposed off), in view of the law laid down by the learned Division Bench of this Court in a judgment dated 13.05.2010, passed in C.R. no. 1067 of 2009 (Durga Devi vs. Vijay Kumar Poddar & Ors.), however, subsequently, the Hon’ble Apex Court, by a judgment rendered in the case of Radhey Shyam and Another vs. Chhabi Nath and Others, reported i

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