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Patna High CourtMJC/5149/2018allowed

Raghunandan Mandal And ORS v. Most Yogmaya Devi And ORS

2022-08-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5149 of 2018 In SECOND APPEAL No.436 of 2011 ====================================================== Raghunandan Mandal and Ors ... ... Petitioner/s

Versus

Most Yogmaya Devi and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr.Pravin Kumar Sinha, Advocate For the Opposite Party :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-08-2022 I.A. No. 01 of 2021 This interlocutory application has been filed for substitution of heirs and legal representatives of opposite party no.1 and opposite party no.11 who died on 25.11.2020 and 03.06.2020, respectively.

For the reasons mentioned in the interlocutory application, it is allowed. Since the heirs and legal representatives of opposite party no.1 are already on record, their names are not required to be substituted and her name is expunged from array of the opposite party. Let the sole heir of opposite party no.11, namely, Arun Mandal be substituted in his place and the name of opposite party no.11 be expunged from the array of the opposite party.

Patna High Court MJC No.5149 of 2018(3) dt.12-08-2022 2/2 MJC No. 5149 of 2018 Heard the parties.

This application has been filed for restoration of Second Appeal No. 436 of 2011 which stood dismissed for noncompliance of the peremptory order dated 19.01.2012. For the reasons mentioned in this application, it is allowed and Second Appeal No. 436 of 2011 is restored to its original file.

(Sandeep Kumar, J) BT/- U