Chhoti Bai (Wrongly Mentioned In Cause Title Of Impugned Order As Chhutti Bai ) vs. Bhikam Singh (Dead) By Lrs

ITEM NO.1 COURT NO.2 SECTION IV-A SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1681-1682/2012 CHHOTI BAI (WRONGLY MENTIONED IN CAUSE TITLE OF IMPUGNED ORDER AS CHHUTTI BAI & ORS. Petitioner(s) VERSUS BHIKAM SINGH & ORS. Respondent(s) (OFFICE REPORT FOR DIRECTIONS IN BOTH MATTERS IS LISTED) WITH SLP(C) No. 36084/2011 (IV-A) Date: 09-05-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL [IN CHAMBER] Mr. S.S. Khanduja, Adv. For Petitioner(s) Mr. S. Aggarwal, Adv. Mr. Yash Pal Dhingra, AOR For Respondent(s) Mr. Mithilesh Kumar Singh, AOR Ms. Manju Singh, Adv. Mr. Ravi Kumar Tomar, AOR

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

1. Application for exemption from filing O.T. is allowed.

Delay in filing application for restoration is condoned. The 2. special leave petitions are restored qua respondent nos. 1 and 9 in $SLP(C)$ No. 1681/2012 and $SLP(C)$ No. 36084/2011.

IA nos. 7 & 8 in SLP(C ) No. 1681/2012 & IA no. 2 & 3 in $\mathfrak{L}_{\bullet}$ (C) No. 36084/2011 are accordingly allowed.

Mr. Ravi Kumar Tomar, AOR has entered appearance for the legal 3. heirs of all the three proposed LRs of deceased respondent nos. 1 & 9 in SLP(C ) No. 1681/2012 and SLP (C ) No. 36084/2011. However, there is some discrepency in the name of the legal heirs as set out in the Vakalatanama of the counsel who has entered appearance. We will thus go by the correct description of the legal heirs as per the representation on behalf of LRs of respondent no. 1 & 9 in SLP(C ) No. 1681/2012 and SLP(C ) No. 36084/2011 who are respondent nos. 7 and 4 in SLP(C ) No. 1682/2012 and thus delay is condoned and the application for substitution is allowed in terms with the legal heirs being reflected as per the Vakalatanama filed on behalf of the legal heirs.

Amended memo of parties be filed accordingly.

4. Application for modification of order dated 21.4.2016 is disposed of accordingly.

5. Application for exemption from filing O.T. with death certificate is allowed.

(DEEPAK MANSUKHANI) (RAJINDER KAUR) AR CUM PS COURT MASTER