IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.264 of 2002 ======================================================

MAHENDRA NARAYAN PRASAD and ORS ... ... Appellant/s Versus BADRINATH MAHTA and ORS ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Shambhu Sharan Singh, Advocate For the Respondent/s : Mr. Ajay Mukherjee, Advocate For the Respondent : Mr. Bhubaneshwar Prasad, Advocate Mr. Tushar Anand, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

33 02-02-2026 Due to some typographical error, in the previous Court’s order i.e. order dated 25.07.2024, the serial number of the said order has wrongly been typed as Order No.2 in place of Order No.32. Let the serial number of the order dated

25.07.2024 be read as Order No.32.

Re:- I.A. No.14 of 2024 The present Interlocutory Application has been filed for condoning the delay of about two years eight months and twenty-two days in filing the present appeal as stated in the said delay has occurred unintentionally as when the proposed Appellant No.3(B) had visited one of his friends houseon 09.08.2024, during Shravan puja then he heard some rumors about the death of Respondent No.4, namely, Gajendra Jha and later he verified the same and found that Respondent No.4, namely, Gajendra Jha has actually died in the year 2021. Due to above-mentioned reasons the delay has occurred in filing the instant I.A.

3. For the reasons stated in the above Interlocutory Application and keeping in view, the submissions made by the learned counsel for the appellants, this Court finds sufficient cause to condone the delay.

4. Accordingly, the delay is hereby condoned and I.A. No. 14 of 2024is hereby allowed Re:- I.A. No.15 of 2024 This Interlocutory Application has been filed for substituting the names of legal heirs/representatives of Respondent No.04, namely, Gajendra Jha, who has died on 21.11.2021, leaving behind his legal heirs/representatives as

2. Considering the submissions made by learned counsel for the appellant, the present I.A No. 15 of 2024 is allowed.

3. Let the name of legal heirs/representatives of Respondent No.04 as stated in Para-2 (A,B,C) of the interlocutory application be substituted in his place by expunging his name in the cause-title of the memo of appeal.

4. Issue notice to newly substituted legal heirs/representatives of Respondent No.04, namely, Gajendra Jha (Para-2 [A,B,C} of the I.A. No.15 of 2024) by both modes, i.e. through ordinary process as well as speed post with A/D for which requisites etc must be filed within a period of two weeks from today.

granted four weeks’ time to file jointness affidavit.

6. List this case on 30.03.2026.

(Ramesh Chand Malviya, J)

Harshita/-

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