CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

8 09-02-2026 Re: I.A. No. 9 of 2025 The present interlocutory application has been filed on behalf of the appellants under Order XXII Rules 4 and 9 of the Code of Civil Procedure for substituting the names of the heirs of respondent no. 3, namely Md. Ismail, respondent no. 5, namely Md. Aziz and respondent no. 14, namely Ram Kripal Panjiyar, who died on 30.01.2021, 31.01.2020 and 27.01.2023 respectively, leaving behind their heirs and legal representatives, whose details are mentioned in paragraph nos. 3, 4 and 5 of the application.

2. It is submitted that the present application has been filed much beyond the statutory period of limitation.

Re: I.A. No. 7 of 2025

3. This application has been filed under Section 5 of the Indian Limitation Act for condoning the delay in filing the application for setting aside abatement.

4. Earlier, notices were issued upon the heirs of respondent nos. 3, 5 and 14, but nobody appears on behalf of the heirs of the aforesaid respondents despite valid service of notice.

5. Learned counsel for the appellants submits that appellant no. 1, namely Shankar Tiwari, was doing pairvi in the instant case and he d