Ramayan Prasad (Dead) Through Lrs vs. Shakuntala Devi (D) Thr. Lrs

ITEM NO.1710 COURT NO.17 SECTION IV-C

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

Petition(s) for Special Leave to Appeal (C) No(s). 19062/2012

RAMAYAN PRASAD (DEAD) Petitioner(s)

VERSUS

SHAKUNTALA DEVI (D) THR.LRS & ORS. Respondent(s)

IA No. 41345/2021 - APPLICATION FOR SUBSTITUTION IA No. 190169/2019 - APPLICATION FOR SUBSTITUTION IA No. 190167/2019 - APPLICATION FOR SUBSTITUTION IA No. 43924/2018 - appln. for setting aside abatement (RR-7) IA No. 43921/2018 - CONDONATION OF DELAY IN FILING IA No. 43926/2018 - CONDONATION OF DELAY IN FILING IA No. 41346/2021 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. IA No. 190172/2019 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. IA No. 41616/2021 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 49613/2017 - EXEMPTION FROM FILING O.T. IA No. 49617/2017 - I/A FOR EXEMPTION FROM FILING THE DEATH CERTIFICATE IA No. 59227/2016 - IA FOR C/D IN SUBSTITUTION) Date : 24-02-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RAJESH BINDAL [IN CHAMBERS] For Petitioner(s) Mr. Yashish Chandra, Adv. Mr. Devesh Pratap Singh, AOR Mr. Yash Agrawal, Adv. For Respondent(s) Mr. Naresh Kumar, AOR Mr. R. C. Kaushik, AOR

Mr. E. C. Vidya Sagar, AOR

Digitally signed by RASHMI DHYANI Date: 2023.03.02 16:53:14 IST Reason: Signature Not Verified

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

IA No. 41616/2021

The application is filed by the petitioner and the prayer is for deletion of name of respondent no.7 from the Memo of Parties as no relief as such has been claimed against him and he is merely a proforma respondent. The application is allowed.

I.A. No. 120272 of 2014, I.A. No. 49617 of 2017, I.A. No. 43921 of 2018, I.A. No. 43924 and 43926 of 2018, I.A. No. 190169 of 2019 and I.A. No. 190172 of 2019

As prayed for, applications stand dismissed as withdrawn.

I.A. No. 120270 of 2014 has been filed seeking substitution of Legal representatives of deceased sole petitioner, namely Parvesh Kumari, Widow-wife and Mr. Subham Kumar, son of the deceased sole petitioner. Subsequently, I.A. No. 41345 of 2021 has been filed seeking addition of the two daughters, namely Priya Tiwari and Supriya Tiwari, and the mother of the deceased, namely Uma Devi Shukla.

It is informed to the Court that the mother of the deceased, namely Uma Devi Shukla has expired on 08.08.2022. The counsel for the petitioner is directed to file the Death Certificate in respect of Uma Devi Shukla within three weeks from today.

So far as the other legal representatives are concerned, I.A. No. 120270 of 2014 and I.A. No. 41345 of 2021 are allowed. Delay in filing applications for substitution and addition of Lrs. of deceased sole petitioner is condoned. Consequently, Parvesh Kumari [Widow-wife], Mr. Subham Kumar [son], Priya Tiwari [Daughter] and Supriya Tiwari [Daughter] are permitted to be brought on record, except the mother – Uma Devi Shukla, who is stated to have expired. The same shall be only for the purpose of representation of deceased in the present proceedings.

Amended Cause Title be filed within three weeks.

(ASHIMA CHHABRA) (NIDHI BHARDWAJ) SENIOR PERSONAL ASSISTANT BRANCH OFFICER