IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.476 of 2010 ======================================================

RAM ISHWAR RAM and ORS.

... ... Appellant/s Versus ABDUL HAQUE and ORS.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

14 12-02-2026 Re: I.A. No. 03 of 2026 This application has been filed for substituting/deleting the names of heirs and legal representatives of deceased appellants and respondent who died during the pendency of this appeal and also prayed for setting aside abatement and condoning the delay in filing the setting aside abatement.

2. The details of the appellants/respondent who died during the pendency of this appeal leaving behind their heirs and legal representatives are as follows;-

whose details are mentioned in paragraph 5 of the said application.

III. Appellant no. 6 namely, Rampati Devi died on

05.02.2020 leaving behind her heirs and legal representatives whose details are mentioned in paragraph 6 of the said application.

IV. Respondent no. 4 namely, Noorjahan died on

15/16 August, 2025 leaving behind her heirs and legal representatives whose details are mentioned in paragraph 7 of the said application.

3. From perusal of record, it has come to the notice of this Court that vakalatnama on behalf of heirs of appellant nos. 5 and 6 has not been filed. Hence, learned counsel for the appellants is directed to file a duly executed vakalatnama on behalf of heirs of appellant nos. 5 & 6 within two weeks.

4. Office is directed to delete the name of appellant no. 4 from the cause title of memo of appeal as his heirs are

5. With regard to respondent no. 4, this interlocutory application has been filed much beyond the prescribed period of limitation with a prayer for substituting the names of heirs of deceased respondent no. 4 after setting aside abatement and condoning the delay in filing the setting aside abatement.

6. Issue notice to the heirs of deceased respondent no.

4 under registered cover with A/D as well as through ordinary process for which requisites etc. must be filed within two weeks.

(Khatim Reza, J)

Sankalp/-

U