Bhagmal (Deceased) Thr Lrs vs. Union Of India Ministry Of Urban Development Through The Secretary

ITEM NO.10 COURT NO.6 SECTION XIV

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

I.A. 3/2015, I.A. 4/2015, I.A. 5/2015 in Petition(s) for Special Leave to Appeal (C) No(s). 35967/2013

(Arising out of impugned final judgment and order dated 08/05/2013 in RSA No. 219/2008 passed by the High Court Of Delhi At New Delhi)

BHAGMAL (D) TH. LRS Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(For substitution of Lrs of the deceased respondent and c/delay in filing substitution appln. and setting aside an abatement )

Date : 17/04/2015 This application was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBER]

For Applicant s) Mr. Farrukh Rasheed,Adv. Mr. Mohit Choubey,Adv.

For Petitioner(s)

Ms. Sunita Sharma,Adv. Mr. Himanshu Mehra,Adv.

For Respondent(s) Mr. Rajeev Sharma,Adv.

Mr. Surya Kant,Adv.

Mr. Vishnu B. Saharya,Adv. M/s Saharya & Co.,Adv.

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

Heard learned counsel for the parties.

The petitioner has filed application for substitution for bringing on record the legal heirs of deceased respondent No.2 (Pratap Singh) and deceased respondent No.3 (Prakash).

The application for condonation of delay in filing substitution application is allowed. Abatement is set aside.

The respondent No.2 has died on 11.4.2013 and the names of legal heirs of deceased respondent No.2 are mentioned in paragraph 6 of the application for substitution. Similarly, respondent No.3 has died on 3.11.2008 and the names of legal heirs of deceased respondent No.3 are mentioned in paragraph 7 of the application for substitution

There is no opposition to the application for substitution.

The application for substitution is allowed. The names of deceased respondent No.2 and 3 are deleted from the array of parties and the legal heirs of deceased respondent No.2 and 3 are permitted to come on record.

Cause title be amended accordingly.

COURT MASTER AR-cum-PS

[O.P. SHARMA] [PARDEEP KUMAR]