The legal principle established relates to the substitution of heirs and continuing an appeal despite the demise of original parties.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 31-01-2026 Re: I.A. No. 01 of 2025 This application has been filed for removing the defect no. 26 as pointed by the stamp report dated 22.05.2025 i.e. appellant nos. 1 and 2 of certified copy of decree under appeal have not been made party in the memo of appeal.

2. Learned counsel for the appellant submitted that appellant no. 1 (mentioned in certified copy of decree under appeal) namely, Most. Mudri Devi died on 27.03.2012 and appellant no. 2 (mentioned in certified copy of decree under appeal) namely, Ram Lal Yadav died on 08.11.2017 during the pendency of Title Appeal No. 14 of 2002.

3. A substitution petition was filed on 11.05.2012 for expunging the name of deceased appellant no. 1 (mentioned in limitation in Title Appeal No. 14 of 2002 but no order was passed in this regard in the said appeal.

4. So far substitution of heirs of deceased appellant no. 2 (mentioned in certified copy of decree under appeal) is concerned, it is submitted that he died issueless on 08.11.2007 during the pendency of title appeal. In this regard, a proper application within the statutory period of limitation was filed on 31.01.2008 but no order was passed in this regard in the said appeal.

5. Learned counsel for the appellant submitted that the nephew of appellant no. 2 (mentioned in certified copy of decree under appeal) is already on record as appellant no. 3 in certified copy of decree under appeal and prayed that in absence of heirs of appellant no. 2 (mentioned in certified copy of decree under appeal), the appeal may proceed in the name of nephew of appellant no. 2 (mentioned in certified copy of decree under appeal) namely, Madhuri Yadav (appellant no. 3 mentioned in

6. It is further submitted that the heir and legal representative of deceased appellant no. 1 (mentioned in appellant in the present appeal.

7. In the aforesaid facts and averments made in this application, the I.A. No. 01 of 2025 is allowed.

8. Office is directed to accept the appeal only on behalf of Madhuri Yadav.

(Khatim Reza, J)