The court confirmed the allowance of substitution for deceased respondents under procedural rules and addressed delay condonation based on party conduct.

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 died on 03.12.2022. It is further submitted that appellant no. 2 had no knowledge about the filing of the substitution application for the deceased respondents. When this matter was listed on 03.05.2025 after issuance of notices to the respondents in I.A. No. 5 of 2024, there was an office note that respondent nos. 3, 5 and 14 had died. Thereafter, this Court was pleased to direct the appellants to file substitution application with regard to respondent nos. 3, 5 and 14. Soon thereafter, the appellants filed the present substitution application.

6. Having regard to the facts and circumstances of the case and the averments made in the applications as well as the explanation given therein, Interlocutory Application nos. 9 of 2025 and 7 of 2025 are allowed after setting aside the abatement and condoning the delay in filing the application for setting aside abatement.

Re. I.A. No. 5 of 2024

7. This application has been filed on behalf of the appellants under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for restraining the respondents from changing the nature of the land in question during the pendency of the present Second Appeal.

8. The application shall be considered at the time of admission.

9. List this case on 12.02.2026 at 12:00 Noon for hearing under Order XLI Rule 11 of the CPC.

(Khatim Reza, J)