High Court of Punjab and HaryanaRA-RF/131/2018dismissed

Anand Since Deceased Thru His Lrs v. State Of Haryana And ANR

2018-08-09Mr. Justice Gurmeet Singh Sandhawalia2 pages

Shivani Gupta 2018.08.10 13:43 R.A. No. 131-CI of 2018 (O & M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH R.A. No. 131-CI of 2018 (O & M) in RFA No. 7140 of 2014 Date of decision: 09.08.2018 Anand (D) through L.Rs.

....Appellant(s)

Versus

State of Haryana and another

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Vishal Yadav, Advocate, for the applicant-appellants.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 6395-CI of 2018 Application has been filed for bringing on record legal representatives of deceased appellant-Anand who is stated to have died on 29.11.2014. It has been averred in the application that as per the registered Will dated 23.03.2016, persons mentioned in para no. 2 of the application are the legal representatives. The application is supported by affidavit of Vijay Singh, legal representative.

Accordingly, the application is allowed subject to just exceptions. Persons mentioned in para no. 2 of the application are allowed to be brought on record as legal representatives of deceased-appellant, only for the purpose of pursuing the present appeal. The present order shall not ensure any benefit in any other set of proceedings. It is made clear that this Court does not comment upon the veracity and validity of the Will. C.M. No. 6396-CI of 2018 Application for condonation of delay of 810 days in filing the review application has been filed whereby, the order dated 12.02.2016 is

R.A. No. 131-CI of 2018 (O & M) sought to be reviewed.

In the application, it has been averred that the applicants had approached the Apex Court and liberty had been granted on 31.10.2017 to withdraw and approach this Court again and, therefore, the delay has occurred.

Keeping in view the averments made in the application duly supported by affidavit, the application for condoning the delay as such show sufficient cause, accordingly, the application is allowed. Delay condoned.

R.A. No. 131-CI of 2018 For the reasons mentioned in R.A. No. 27-CI of 2018, Balbir Singh and others vs. State of Haryana and another decided on 15.03.2018, the present review application is also dismissed since the present case is also covered by the said order.

09.08.2018 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No