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2022 Supreme(Raj) 2337

SUDESH BANSAL
Shakuntala Mathur – Appellant
Versus
Beena Mathur – Respondent


Advocates appeared:
Mr. N.K. Maloo Sr. Advocate, with Mr. Pratyush Sharma Mr. Arvind Gupta Mr. Amit Singh Shekhawat, for the Appellant
Mr. R.K. Agarwal Sr. Advocate, with Mr. Adhiraj Modi Mr. J.P. Goyal Sr. Advocate, with Ms. Jyoti Swami Mr. O.P. Mishra Mr. Rahul Tiwari Mr. Peush Nag, for the 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

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