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Chandra Prakash Mishra & Others v. Rent Control Eviction Officer Allahabad & Others - WRIT - A No. - 18660 of 2001 [2007] RD-AH 15799 (20 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble S.U. Khan, J.

Sri M.D. Singh Sekhar, learned senior counsel for the petitioner, has given a categorical statement that respondent No.5, Sri Shyam Das Agarwal may be deleted from the array of the parties of the writ petition.

This writ petition was disposed of without issuing notice to any of the respondents on 16.05.2001. Sri Shyam Das Agarwal filed recall application for recall of this order. Sri A.K. Gupta, learned counsel for the respondent No.5, states that respondent No.5 died on 21.12.2004. Thereafter, his grand-son filed substitution application on the basis of some ''will'. The said ''will' is disputed by the petitioner. However, as Sri M.D. Singh Shekhar, learned senior counsel for the petitioner, has categorically stated that he is deleting respondent No.5 from the array of the parties of the writ petition, hence it is not at all necessary either to decide as to whether on or after 16.05.2001, Sri S.D. Agarwal had any interest in the property or not or whether he executed the ''will' in favour of his grand-son or not. In view of deletion of respondent No.5, order dated 16.05.2001 would be treated not to be binding upon Sri S.D. Agarwal since the date on which it was passed. Sri S.D. Agarwal had any right in the property or not, who inherited his right, if any, after his death all these questions, if necessary, may be agitated before regular Civil Court or any other appropriate, requisite forum.

Late Sri S.D. Agarwal is deleted from the array of the parties retrospectively. He must be deemed not to have been impleaded in the writ petition.

Accordingly, recall application and all substitution applications are disposed of.




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