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Mohd. Khalil(Deceased) v. Bhagwati Prasad Tiwari & Others - SECOND APPEAL No. 2789 of 1979  RD-AH 7210 (19 April 2007)
Hon. S.P. Mehrotra, J.
Civil Misc. (Substitution) Application
No. 42647 of 2007
Copy of the aforementioned Application has been sent to Shri Ganga Prasad, learned counsel for the defendant- respondent no.1 by Speed Post. Receipt of the Speed Post has been affixed on the aforementioned Application.
The aforementioned Application is supported by an affidavit, sworn on 9.2.2007.
It is, interalia, stated in the said affidavit that Bhagwati Prasad Tiwari (defendant- respondent no.1)was the tenant/ licensee in the upper portion of the house in question towards West side; and that pursuant to a compromise dated 8.11.1994, the said Bhagwati Prasad Tiwari (defendant- respondent no.1) left the house and delivered the possession of the upper portion of the house in question in favour of the plaintiffs-appellants; and that after vacating his tenanted portion of the house in question, the said Bhagwati Prasad Tiwari (defendant- respondent no.1) has never turned-up.
The Office Report dated 19.12.2006 shows that the notice issued to the defendant- respondent no.1 by ordinary mode of service has been returned back unserved with the remark "reported dead".
It is, interalia, stated in paragraph 7 of the aforesaid affidavit that the plaintiffs-appellants have tried their best to know the heirs of the deceased-Bhagwati Prasad Tiwari (defendant- respondent no.1) for the purpose of filing the Substitution Application, but the plaintiffs-appellants could not get any information in this regard.
It is, interalia, prayed in the aforementioned Application that in view of the above circumstances, the name of the said Bhagwati Prasad Tiwari (defendant- respondent no.1) be ordered to be deleted from the array of parties in the Second Appeal, and a note be made that he died heir-less.
Having regard to the facts and circumstances stated in the aforementioned Application and its accompanying affidavit, and having considered the submissions made by Shri Dinesh Pathak, learned counsel for the plaintiffs-appellants, the plaintiffs-appellants are permitted to delete the name of the said Bhagwati Prasad Tiwari (defendant- respondent no.1) from the array of parties in the Second Appeal.
Let necessary amendments be made within four weeks.
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