Yusuf Deen and another vs. Balwan Singh and others RSA No. 64 of 2019 09.01.2025 Present: Mr.Divya Raj Singh, Advocate, for the appellants. Mr.Ajay Chandel, Advocate, for respondents No.1 and 2. Respondents No.9(b) and 15 stand deleted. Respondents No.(a) and 9(c) are ex parte vide order dated 22.08.2024. None for respondents No.3 to 8, 10 to 14, 16 to 19. Respondent No.9(d) has expired. CMP(M) No. 42 of 2025 This application has been filed for substitution of deceased respondent No.9(d)-Zakir Hussain, through his legal heirs mentioned in para 2 of the application. Copy of Death Certificate has been placed on record which indicates that respondent No.9(d) has expired on 26.11.2024. Respondent No.9(d) was proceeded ex parte. Shakina wife of deceased Zakir Hussain alongwith her children Mohd. Rafi (son) and Samina (daughter) has been proposed to be brought on record. No objection has been communicated by learned counsel for the contesting respondents for allowing the application with submission that mutation of inheritance of Zakir Hussain has been attested in favour of Shakina (wife) and Mohd. Rafi (son) only, but not in favour of Samina (daughter). In view of above, Shakina and Mohd. Rafi are permitted to be arrayed as respondents No.9(a)(i) and ((b)(ii) respectively, after condonation of delay and setting aside abatement, if any, but without adjudicating inter se right between wife, son and daughter of deceased Zakir Hussain with respect to inheritance of estate of deceased Zakir Hussain. Application is allowed and disposed of in aforesaid terms. RSA No.64 of 2019 Respondents No.3 to 8, 10 to 14, 16 to 19 have not come forward despite their service to contest the appeal. Hence, they are proceeded ex parte. Amended memo of parties be filed within a week. Notice to newly added respondents No.9(a)(i) and 9(b)(ii), returnable on next date of hearing, be issued on taking steps within two days. List for consideration on 10.04.2025. (Vivek Singh Thakur) Judge January 9, 2025 (Purohit)