This court dismissed an application for substitution of parties as the prayer was erroneous regarding a deceased party's heirs and held the writ petition had abated.
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Court No. - 39
Case :- WRIT - C No. - 63234 of 2005
Petitioner :- Ashok Prasad & Another
Respondent :- State Of U.P. Thru' Secry,Urban Development Lko. & Others Counsel for Petitioner :- Vipin Sinha,Anadi Krishna Narayana,Archana Hans
Counsel for Respondent :- C.S.C.,Pankaj Naqvi
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Civil Misc. Setting Aside Abatement/ Substitution Application No.3 of 2018 supported by an affidavit, is taken up.
Sri Anand Bhaskar Srivastava holding brief of Sri Anadi Krishna Narayana, learned counsel is present for the petitioners.
The respondent No.4 is stated to have died but the parties mentioned in the prayer clause of the substitution application, have wrongly been shown as heirs of the respondent No.3 whereas the respondent No.3 is Additional District Magistrate (Finance and Revenue), Bareilly. Therefore, the prayer in the substitution application is totally erroneous. The application is accordingly rejected .
The writ petition is dismissed as having abated.
Order Date :- 25.10.2018 NLY
Ashok Prasad & Another
State Of U.P. Thru' Secry,Urban Development Lko. & Others
Amit Sthalekar
Surya Prakash Kesarwani
As recorded by the court registry
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