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2026 Supreme(Online)(Pat) 3235
PATNA HIGH COURT
Mr. Khatim Reza, J
Ramesh Prasad – Appellant
Versus
Most. Urmial Devi – Respondent
SECOND APPEAL No.120 of 2006
For the Appellants/Petitioners: Mr. Kamil Akhtar
For the Respondents: Mr. Rajeev Ranjan Sinha
Court can allow the deletion of deceased parties from a legal proceeding when their legal representatives are already on record.
Headnote:This judgment pertains to SECOND APPEAL No.120 of 2006, where an interlocutory application was submitted for deleting the names of deceased respondents. The court found that the first respondent had passed away, and her legal heirs were already represented. Additionally, another respondent had not contested the appeal and requested removal. The court allowed the application to delete the names of the deceased parties.
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
18 30-01-2026 Re: I.A. No. 06 of 2026 This interlocutory application has been filed for deleting the name of respondent nos. 1 and 10, who died during pendency of this appeal.
2. Learned counsel for the appellants submits that respondent no. 1, namely, Urmila Devi died on 06.12.2025 leaving behind her heirs and legal representatives, who are already on record as respondent nos. 2 to 4. So far respondent no. 10, namely, Shanti Devi is concerned, she also died during pendency of this appeal. It is further submitted that respondent no. 10, who was defendant no. 5 in the suit did not chose to file written statement neither contested the suit nor contested the title appeal and prayed for deleting the name of respondent no.
10.
3. Considering the aforesaid facts and averments made in the interlocutory application, I.A. No. 06 of 2026 is allowed.
4. Office is directed to delete the name of respondent nos. 1 and 10 at their own risk from the memo of appeal.
(Khatim Reza, J)
prabhat/-
