This petition under Article 227 of Constitution of India has been filed seeking following reliefs:

“It is therefore prayed that this Hon’ble Court may kindly be pleased to allow the petition and order of trial court dated 03/05/2024 be set aside and suit to be dismissed in the interest of justice.”

2. It is submitted by counsel for petitioners that respondent had filed a Civil Suit for eviction against the father of petitioners, namely; Late Shri Jeevanlal Kushwaha, who has already expired on 17.12.2021, whereas the suit was filed on 04.01.2022. After receiving the report of process server with regard to the death of Late Shri Jeevanlal Kushwaha, respondent filed an application for bringing legal representatives of Late Shri Jeevanlal Kushwaha on record, whereas petitioners prayed for dismissal of the suit on the ground that the suit against a dead person is not maintainable. By the impugned order, the trial Court has allowed the application filed by respondent for substitution of legal representatives of Late Shri Jeevanlal Kushwaha and has rejected the application filed by petitioners for dismissal of the suit on the ground that no prejudice will be caused to the petitioners.