Kamleshwar Shahi vs Ajay Shankar - 2025 Supreme(All) 2913

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2913

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Kamleshwar Shahi – Appellant
Versus
Ajay Shankar – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Chandra Shekhar Agnihotri
For the Respondent: Anshu Chaudhary

JUDGMENT :

Manish Kumar Nigam, J.

1. Heard learned counsel for the parties and perused the record.

2. This writ petition has been filed challenging the order dated 10.03.2021 passed by the appellate court rejecting the application (paper 55 ka-2) filed by the petitioner seeking amendment in the substitution application paper No. 37 Ka-2 filed for substituting the heirs of defendant/respondent no. 3 who died during pendency of the appeal.

3. Brief facts of the case are that original suit no. 89 of 1968 was filed by the petitioner for the relief that compromise petition filed in Supreme Court in Civil Appeal No. 375 of 1957 which was recorded by the court on 19.05.1958 and incorporated in a decree of the said appeal, so far as it purported to convey the property described in a schedule-IV to Shri Bhagwati declaring illegal void and not binding on the plaintiff. In the aforesaid suit one Gauri Shankar Sahi was added as defendant no. 3 who was substituted after his death by Bhuvneshwar Prasad Sahi. The said suit was dismissed by judgment and decree dated 07.05.2012. Against the judgement and decree passed in the suit, first appeal being appeal No. 30 of 2012 was filed by the plaintiff. Dur