RAJENDRA KUMAR TEWARI S/O PRAYAG DUTT TEWARI v. UMA KANT S/O VISHAN DUTT and ORS.
SAPL/121/2011 · 2025-08-12
Jaspreet Singh
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 144146 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144146 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 7 Case :- SECOND APPEAL No. - 121 of 2011 Appellant :- Rajendra Kumar Tewari S/O Prayag Dutt Tewari Respondent :- Uma Kant S/O Vishan Dutt And Ors. Counsel for Appellant :- Mohd. Shadab Khan,Pravin Kumar Singh,Yogesh Singh Counsel for Respondent :- Amitabh Banerjee,Dileep Singh,Garima Dixit,Pushpila Bishit Hon'ble Jaspreet Singh,J. C.M. Application Nos. 8/2023, 9/2023 and 10/2023 These three applications have been filed by the appellant indicating that the respondent nos. 4 and 5 and 9 has expired. The respondent no. 4 died issue-less and as such she has no legal heir upon whose the cause of action has devolved. Thus, it s prayed that after the name and full particulars of the respondent no. 4 the word 'dead' may be permitted to be incorporated. Insofar as the respondent nos. 5 and 9 are concerned, they are survived by the legal heirs. It is also stated that notices were issued on 29.11.2023 and in furtherance thereof the legal heirs of the respondent nos 5 and 9 are represented by Sri Dileep Singh. It has also been pointed out that the parties have entered into the settlement before the Arbitration and Conciliation Centre of this Court and the agreement has been brought on record on 5.8.2025. Considering the aforesaid facts and circumstances, the application for substitution is allowed. Delay is condoned and the abatement, if any, is set aside. Counsel for the appellant shall carry out the necessary amendment during course of the day. Since the parties have entered into a settlement and they are duly represented before the Curt that is to say that the appellant is represented by Sri Yogesh Singh, the
respondent no. 1 is represented by Ms. Pushpila Bisht. Sri Dileep Singh represents the other respondents including the legal heirs of the respondent nos. 5 and 9 and Ms. Garima Dixit represents respondent 6. Since the parties have entered into the settlement, as such, the instant second appeal is decided in terms of the settlement/agreement which shall be made part of the
order passed by the Court. The judgment and the decree passed by the court shall be subject to the settlement.
Order Date :- 12.8.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench