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ALLAHABAD HIGH COURT
MALHU – Appellant
Versus
D.D.C. and ANOTHER – Respondent
WRIB 55999/2005



Advocates:
['PRAMOD KUMAR PANDEY', '', 'AJAI KUMAR SINGH KUSHWAHA', 'C S C', '', 'PUSHKAR KUSHWAHA']

Court No. - 51

Case :- WRIT - B No. - 55999 of 2005

Petitioner :- Malhu

Respondent :- D.D.C. And Another

Counsel for Petitioner :- Pramod Kumar Pandey,Ajai Kumar

Singh Kushwaha

Counsel for Respondent :- C.S.C.,Pushkar Kushwaha

Hon'ble Siddharth,J.

Heard Sri Arvind Kumar Kushwaha, Advocate holding brief of

Sri Pushkar Kushwaha, learned counsel for the respondents.

Counsel for the respondents has no objection in case

substitution application is allowed.

Order on Civil Misc. Delay Condonation Application No. 05 of

2021

This application has been filed praying for condoning the delay

in filing the substitution application.

Cause shown for delay in filing the substitution application is

sufficient.

The delay condonation application is allowed and the delay in

filing the substitution application condoned.

Order on Civil Misc. Substitution Application No. 06 of 2021

This substitution application has been filed for deleting the

name of deceased-respondent no. 2, Savitri, from the array of

parties and bringing on record her legal heir/representative as

respondent no. 2/1, Piyush Kant Tripathi, as mentioned in

paragraph no. 5 of the affidavit filed in support of the

substitution application.

The substitution application is allowed.

Office is directed to incorporate the name of legal heir of

deceased-respondent no. 2, Savitri, and make necessary

amendment in the array of parties within a week, making a note

against her name that she is "dead".

Order on Civil Misc. Delay Condonation Application No. 09 of

2021

This application has been filed praying for condoning the delay

in filing the abatement application.

Cause shown for delay in filing the abatement application is

sufficient.

The delay condonation application is allowed and the delay in

filing the abatement application condoned.

Order on Civil Misc. Setting Aside Abatement Application

No. 10 of 2021

Abatement application is set aside since, the delay condonation

application is allowed.

Order on Civil Misc. Delay Condonation Application No. 07 of

2021

This application has been filed praying for condoning the delay

in filing the substitution application.

Cause shown for delay in filing the substitution application is

sufficient.

The delay condonation application is allowed and the delay in

filing the substitution application condoned.

Order on Civil Misc. Substitution Application No. 08 of 2021

This substitution application has been filed for deleting the

name of deceased-petitioner, Melhu, from the array of parties

and bringing on record his legal heirs/representatives as

petitioner no. 1/1, 1/2 and 1/3,Sunil Kumar Pandey, Praveen

Pandey and Savitri Pandey, as mentioned in paragraph no. 5 of

the affidavit filed in support of the substitution application.

The substitution application is allowed.

Office is directed to incorporate the name of legal heir of

deceased-petitioner, Melhu, and make necessary amendment in

the array of parties within a week, making a note against his

name that he is "dead".

Order on Writ

List this case again on 11.01.2023.

Order Date :- 25.11.2022

Rohit

Digitally signed by ROHIT DAS

Date: 2022.11.26 12:10:11 IST

Reason:

Location: High Court of

Judicature at Allahabad

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