Research › Search › Judgment

High Court of Uttarakhand · body

2015 DAILYLAW 604 (UTT)

SMT. REETA DEVI v. DEEPU SINGH RANA

AO/577/2015 · 2026-03-20

Ravindra Maithani

body2015

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 20 AO No.577 of 2015 Hon’ble Ravindra Maithani, J. Mr. S.K. Mandal, Advocate for the appellants. Mr. Siddharth Bisht, Advocate for the respondents. Present appeal was dismissed in non prosecution on 20.03.2026. Now a Recall/Restoration Application No.01 of 2026 has been filed on the ground that on the first round of litigation, on that date, learned counsel for the appellant appeared, but in the second round when the matter was taken up, learned counsel for the appellant could not appear. Having heard, this Court is of the view that the recall/restoration deserves to be allowed. The recall/restoration application is allowed. Order dated 20.03.2026 is recalled. The appeal is restored to its original number. This appeal has already proceeded ex- parte. List on 30.04.2026 for hearing. Heard on Misc Application No. 02 of 2026. This application has been filed by the appellant no. 1 on the ground that the appellant no.2 had already died. The legal heir of appellant no.2 is the appellant no.1 Therefore, the appellant may be permitted to amend the cause title accordingly. Learned counsel for the appellant submits that since the appellant no.1 is already a legal heir of the appellant no.2, the factum of death of the appellant no.2 be permitted to be recorded against the name of the appellant no.2. The Misc. Application is allowed. Let necessary amendment be carried out. Amended memo be filed before the date fixed i.e. 30.04.2026. (Ravindra Maithani, J.) 09.04.2026 Jitendra