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2025 DAILYLAW 188313 (ALL)

RAM KUMAR AND ANOTHER v. SMT. RAJNI TYAGI AND OTHERS

FAPL/665/2008 · 2025-05-22

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 665 of 2008 Court No. - 39 HON'BLE SANDEEP JAIN, J. Order on Civil Misc. Delay Condonation Application No. 8 of 2025 and Substitution Application No. 9 of 2025 The instant delay condonation application has been filed for condoning the delay in moving the substitution application for bringing on record the legal heirs of deceased-appellant no. 2, Purushottam, who died on 26.06.2025, leaving behind his wife, Smt. Manju, as his sole legal heir. An affidavit has been filed in support of the delay condonation and substitution applications, which remains uncontroverted. Learned counsel for the respondents submitted that she has no objection if the delay is condoned and the substitution application is allowed. In view of the above, the delay in filing the substitution application is condoned. Both the delay condonation and substitution applications are allowed. Learned counsel for the appellants is directed to amend the memo of appeal accordingly. Order on Civil Misc. Abatement Application No.7 of 2025 Since the legal heir of deceased-appellant No. 2, Purushottam, has been substituted on record, this abatement application is dismissed. Versus Counsel for Appellant(s) : Brij Bhushan Upadhyay, Pradeep Kumar, Rajesh Kumar, Ravi Shanker Pathak Counsel for Respondent(s) : Shreya Gupta, V.K.Gupta Ram Kumar And Another .....Appellant(s) Smt. Rajni Tyagi And Others .....Respondent(s) Order on Appeal On the request of the learned counsel for the appellants, the matter is adjourned and will be listed on 21.04.2026 at 12:00 P.M. April 1, 2026 Mayank FAPL No. 665 of 2008 2 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad