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2026 Supreme(Online)(Pat) 6207

PATNA HIGH COURT
Mostt. Gayatri Devi
MJC-3011/2017



IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3011 of 2017 In SECOND APPEAL No.474 of 2008 ======================================================

Mostt. Gayatri Devi wife of Late Bhubneshwar Singh @ Late Bhubneshwar Singh resident of village Nawabganj Kosara, Pragana Malda PO Jianbigham Sub Registery P.S. and District Shekhpura.

... ... Petitioner/s Versus Bhola Singh son of Late Ramautar Singh resident of village Mauja Nababganj Kosara, Pragana Maldah PO Jianbigham PS/ Sub Division and Dist.

Shekhpura.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s :

======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

5 13-02-2026 Re. I.A. No. 7631 of 2018 The present interlocutory application has been filed under Order XXII Rule 3 of the Code of Civil Procedure for substituting the names of the heirs of the sole petitioner, who died on 20.07.2018, leaving behind her heirs and legal representatives, whose details are mentioned in paragraph no. 3 of the application.

2. Learned counsel for the petitioner submits that a duly executed ‘Vakalatnama’ on behalf of the heirs of the sole petitioner has already been filed on 27.09.2018. It is further submitted that the case status available on the Court’s official website also reflects that the ‘Vakalatnama’ on behalf of the petitioner was filed on 27.09.2018.

3. Office is directed to verify the same and place it on record on the appointed next day..

Re. I.A. No. 3 of 2024

4. The present interlocutory application has been filed under Order XXII Rule 4 of the Code of Civil Procedure for substituting the name of the heirs of the sole opposite party/respondent, namely Bhola Singh, who died on 05.04.2024 during the pendency of the present application, leaving behind his heirs and legal representatives, whose details are given in paragraph no. 3 of the application.

5. Having regard to the facts and circumstances of the case and the averments made in the application, the prayer made therein is allowed.

6. Accordingly, I.A. No. 3 of 2024 stands allowed.

7. Office is directed to delete the name of the sole opposite party/respondent from the cause title of the present application arising out of S.A. No. 474 of 2008 and substitute the names of his heirs and legal representatives in his place.

8. Let this case be listed on the next appointed date under the heading “For Admission” along with I.A. No. 7631 of

2018.

(Khatim Reza, J)

shyambihari/-

U

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