Court No. - 18
Case :- WRIT - C No. - 42677 of 2018 Petitioner :- Ramkeshwar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kedar Nath Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Re: Civil Misc. Delay Condonation Application No. 02 of 2021.
Sri Kedar Nath Mishra, learned counsel has entered appearance on behalf of the legal heir/legal representative of the sole petitioner Shri Ramkeshwar (since deceased). None appears on behalf of the respondent no. 4.
This is an application seeking condonation of delay in filing substitution application. The application accompanied by a composite affidavit. Cause shown for the delay in filing the substitution application as asserted in the composite affidavit is sufficient.
Delay in filing the substitution application is hereby condoned. The delay condonation application is allowed.
Re: Civil Misc. Substitution Application No. 03 of 2021 Sri Kedar Nath Mishra, learned counsel has entered appearance on behalf of the legal heir/legal representative of the sole petitioner Ramkeshwar (since deceased). None appears on behalf of the respondent no. 4.
This is an application for substitution and is supported by a composite affidavit.
The substitution application has been occasioned by the death of the sole petitioner Ramkeshwar. The composite affidavit filed in support of application for substitution asserts that the sole petitioner Ramkeshwar died on 06.05.2019 during the pendency of the writ petition.
The application for substitution has been moved by the legal heir/legal representative of sole petitioner Ramkeshwar (since deceased) to be substituted in his place, as described in the prayer clause of the substitution application.
The substitution application is allowed.
Let the legal heir/legal representative of sole petitioner Ramkeshwar (since deceased) as described in the prayer clause of the substitution application, be substituted in his place. Words "died during the pendency of the petition" shall be transcribed after the name of petitioner Ramkeshwar. Substitution be carried out by learned counsel for the applicant within a period of 10 days and shall be confirmed by the Office.
The name of the legal heir/legal representative of the sole petitioner Ramkeshwar (since deceased) shall be typed in Red Ink on separate page. Similarly, the words "died during the pendency of the petition", after the name of the petitioner Ramkeshwar, shall also be transcribed in Red Ink on a separate page. Both the papers, bearing the name of the legal heir/legal representative of sole petitioner Ramkeshwar (since deceased), and the words "Died during the pendency of the petition", shall be affixed to the cause title. Office to confirm the substitution in the above said manner.
Order Date :- 24.8.2021 Dhananjai