Court No. - 38
Case :- SECOND APPEAL No. - 1160 of 1980
Appellant :- Badri Prasad
Respondent :- State Of U.P.And Others
Counsel for Appellant :- .,Radhey Shyam,Satish Dwivedi
Counsel for Respondent :- K.B.Garg
Hon'ble Siddharth,J.
(i) Civil Misc. Delay Condonation Application No.3 of 2021.
This is an application to condone the delay in filing restoration application. Cause shown for the delay has been explained satisfactorily. Delay is condoned.
Application is allowed.
(ii) Civil Misc. Restoration Application No.4 of 2021.
Heard learned counsel for the appellants, learned Standing Counsel for the State and Sri Azad Rai, Advocate, who has accepted on behalf of Goan Sabha.
Cause shown is sufficient.
Restoration Application is allowed. Order dated 05.02.2021 dismissing the appeal for want of prosecution is recalled. Appeal is restored to its original number.
(iii) Civil Misc. Delay Condonation Application No.1 of 2021
(iv) Civil Misc. Restoration Application No.2 of 2021 Both the aforesaid applications have been filed on line. No orders is required in these applications in view of the order passed Delay condonation Application No.3 of 2021 and Restoration Application No.4 of 2021. They are accordingly rejected.
(v) Civil Misc. Delay condonation Application No.53382 of 2007.
This is an application to condone the delay in filing substitution application. Cause shown for the delay has been explained satisfactorily. Delay is condoned.
Application is allowed.
(vi) Civil Misc. Substitution Application NO.53383 of 2007.
This application has been filed praying with the following prayer :
(i) to delete the name of Badri alias Kalloo, appellant no.1 from the array of appellant and at his place the name of applicant nos.1 and 2 be substituted as his daughter's son, heir and legal representative;
(ii) to delete the name of Ram Lakhan, appellant no.2 from array of parties and to substitute the name of applicant no.3 as his son, heir and legal representative at his place;
(iii) to delete the name of Shukaroo Lal, appellant no.3 and at his place the name of applicant no.4 be substituted as his son, heir and legal representative;
(iv) to delete the name of Amrit Lal, appellant no.4, from array of parties and at his place the names of applicant nos.5 to 8 be substituted as his son, heir and legal representatives;
Substitution application is allowed.
Office is directed to incorporate the names of the legal heirs of deceased- appellant nos.1, 2, 3 & 4 in the memo. of appeal within a week.
Abatement of the appeal is set aside.
(vii) Order on Appeal.
List this appeal on 6th September, 2021 showing the name of Sri Azad Rai, Advocate, as counsel for the respondent.
Respondent no.2 will not allot the land in dispute to any 3rd party till the next date fixed.
Order Date :- 13.8.2021 SS