SUDESH BANSAL
Shakuntala Mathur – Appellant
Versus
Beena Mathur – Respondent
ORDER
1. This order would decide the issue as to whether after death of sole appellant-plaintiff Shakuntla Mathur during pendency of first appeal, any of her legal representatives can be allowed to be substituted in her place as appellants to continue the proceedings of first appeal?
2. This is not in dispute that appellant- Shakuntla Mathur was unmarried and her parents had already been passed away when she died on 1.2.2020. Her two nephews namely Shaleen Mathur and Naleen Mathur sons of Rajendra Swaroop Mathur, have moved an application (1/2020) on 14.2.2020 seeking their substitution as legal representatives of deceased appellant, on the basis of her will dated 28.1.2003. On the other hand her natural brothers, one Rajendra Swaroop Mathur has moved application (3/2021) on 19.4.2021, another brother Ashok Mathur has moved applications (1/2021 and 2/2021) on 8.2.2021, Rakesh & Anil sons of deceased brother Y.S. Mathur have moved separate applications (1/2022 and 2/2022) on 9.2.2022 and (3/2022 and 4/2022) on 15.2.2022, One Mr. Alok son of deceased sister Shardha Mathur has moved applications (6/2022 and 7/2022) seeking their substitution as legal representatives of deceased appella
Bajrang Lal Vs. Dal Chand AIR 2009 Raj 36
Gajaraj Vs. Sudha [(1999) 3 SCC 109]
Ibrahimbhai Karimbhai Vs. State of Gujarat AIR 1968 Guj 202
Jaladi Suguna (Deceased) Vs. Satya Sai Central Trust [(2008) 8 SCC 521]
Mahanth Satyanand Vs. Shyam Lal Chauhan [(2018) 18 SCC 485]
Mahendra Kumar Vs. Lalchand [(2001) 2 SCC 619]
R.Krsna Murtii Vs. R.R. Jagadesan [(2022) 0 Supreme(SC) 622]
Radhakrishna Padhi Vs. Bhajakrishna Panda AIR 1981 Ori 63
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