Kalam Uddin Khan vs. Salda Bibi

ITEM NO.4 Court 4 (Video Conferencing) SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 7917/2020

(Arising out of impugned final judgment and order dated 22-01-2019 in MA No. 19/2005 passed by the High Court Of Jharkhand At Ranchi)

KALAM UDDIN KHAN & ANR. Petitioner(s)

VERSUS

SALDA BIBI & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.93400/2020-CONDONATION OF DELAY IN FILING and IA No.93402/2020-ADDITION / DELETION / MODIFICATION PARTIES and IA No.93404/2020-APPLICATION FOR SUBSTITUTION and IA No.93407/2020-SETTING ASIDE AN ABATEMENT and IA No.93409/2020- EXEMPTION FROM FILING O.T. and IA No.93405/2020-CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. )

Date : 20-11-2020 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE B.R. GAVAI

For Petitioner(s) Mr. Rajiv Shankar Dvivedi, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Application for deletion of deceased respondent No.63 (Kimerbani Bibi) is allowed at the risk of the petitioners.

Applications for substitution of deceased respondent Nos.64, 68, 71 and 73 (Jarif Khan, Wazida Bibi, Noor Alam and Baitul Khatoon) are allowed subject to all just exceptions after condoning the delay and setting aside abatement in filing the substitution applications.

Counsel for the petitioners is relying on paragraph 16 of (2019) 11 SCC 352, titled as 'Vijayalakshmi & Ors. vs. Yendru Sathiraju (D) by LRs. & Ors.' in support of his argument that appeal could not have been disposed of as abated as a whole.

Issue notice on the application for condonation of delay as also on the special leave petition, returnable in four weeks.

Dasti, in addition, is permitted.

(NEETU KHAJURIA) COURT MASTER

(VIDYA NEGI) COURT MASTER