Laximibai Narayan Prabu (Deceased) Through Her Lrs vs. Medha Nagesh Prabhu

ITEM NO.1705 COURT NO.13 SECTION IX

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). 3116/2021

LAXIMIBAI NARAYAN PRABU (DECEASED) THROUGH HER LRS Petitioner(s)

VERSUS

MEDHA NAGESH PRABHU & ORS. Respondent(s)

(IA No. 119942/2022 - APPLICATION FOR SUBSTITUTION IA No. 136893/2022 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. IA No. 125802/2022 - DISCHARGE OF ADVOCATE ON RECORD IA No. 157503/2022 - EXEMPTION FROM FILING DEATH CERTIFICATE / CERTIFIED COPY OF DEATH CERTIFICATE)

Date : 24-02-2023 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH [IN CHAMBER]

	For Petitioner(s)	Mr. Varun Varma, Adv.
		Mr. T. Hari Hara Sudhan, Adv.
		Ms. Anjali Joshi, Adv.
		Mr. Hitesh Kumar Sharma, Adv.
		Ms. Mukti Chowdhary, AOR

For Respondent(s) Ms. Anshula Vijay Kumar Grover, AOR Mr. Nrupal A. Dingankar, Adv. Mr. Navin Prakash, AOR

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

IA No. 119942/2022 has been filed by the petitioner seeking

substitution of respondents no. 2 and 22 with their legal representatives.

It was submitted that though the death certificate of the respondent no. 2 has been brought on record and the present application has been filed within time, the legal representative 3 of the respondent no. 2 who are mentioned in paragraph no. 4 of the application are already arrayed as parties- respondents no. 3 and 4; but with regard to respondent no. 22, the death certificate could not be obtained but the competent authority has certified that he expired on 19.6.2018.

Having regard to the aforesaid the prayer for deletion of name of respondent no. 2 is allowed. No substitution is required as his legal representatives are already on record as respondents no. 3 and 4.

As far as respondent no. 22 is concerned, it is submitted that though she had died on 19.6.2018 but his heirs are already partiesrespondents no. 23 to 26 and 28 to 30.

Having regard to the aforesaid, let the names of respondents no. 2 and 22 be deleted without any need for substitution as their legal representatives are already on record. IA No. 119942 of 2022 stands disposed of.

2

Learned counsel for the respondents no. 16 and 17 submits that though on instructions he had filed IA No. 125802/2022 seeking discharge but now he has been instructed to represent the concerned respondents. Accordingly, as prayed for, IA No. 125802/2022 stands disposed of.

Learned counsel for respondent no. 12 is also present.

(SONIA BHASIN) (AVGV RAMU)

COURT MASTER (SH) COURT MASTER (NSH)