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2023 Supreme(Online)(All) 29522

ALLAHABAD HIGH COURT
MOHAN AND 2 OTHERS – Appellant
Versus
State – Respondent


Court No. - 7

Case :- WRIT - C No. - 25558 of 2022

Petitioner :- Mohan And 2 Others

Respondent :- State Of U.P. And 8 Others

Counsel for Petitioner :- Achchhey Lal Tiwari,Gyanendra Kumar Tripathi,Keshari Kumar

Tiwari

Counsel for Respondent :- C.S.C.

Hon'ble Chandra Kumar Rai,J.

Heard Mr. Achchhey Lal Tiwari, learned counsel for the petitioners.

The brief facts of the case are that a suit under Section 229B of U.P.Z.A.

& L.R. Act has been filed by Ram Naresh (husband of respondent no.5)

as well as Dal Shringar impleading the petitioners as defendants.

Madhuri, Vinod & Vikas were also impleaded as defendants nos.5, 6 & 7

in the suit. Plaintiff no.1, Ram Naresh has died accordingly respondent

no.5 was substituted as plaintiff no.1/1. Plaintiff no.2, Dal Shringar has

also died during pendency of the suit accordingly, respondent nos.5, 6 &

7 filed an application dated 9.10.2017 that they may be transposed as

plaintiff nos.3, 4 & 5 due to death of plaintiff no.2, Dal Shringar being his

vendees. Petitioners filed their objection to the application dated

9.10.2017. Petitioners have filed abatement application also due to

death of plaintiff. Respondent no.3 vide

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