Disposed

Karamsatti v. State of U.P. and 6 Others

Allahabad HC5 Dec 2023WRIB/43215/2017

Case brief

AI extract

What is this about?

The court allowed a substitution application to replace the deceased petitioner with her legal heirs. It also condoned delay and allowed substitution of the deceased respondent with his legal heirs. Finally, the court allowed a withdrawal petition and dismissed the writ petition as withdrawn.

What did the court decide?

Substitution of legal heirs allowed for deceased petitioner and respondent; delay condoned; writ petition dismissed as withdrawn.

Karamsatti Vs State of U.P. and 6 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:230494

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Court No. - 49

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Case :- WRIT - B No. - 43215 of 2017

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Petitioner :- Karamsatti Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Raghvendra Shankar Srivas Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi,Narendra Mohan,Pradeep Kumar Srivastava,Ramesh Chandra Tiwari

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Hon'ble Syed Qamar Hasan Rizvi,J.

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In Re: Civil Misc. Substitution Application No. 2 of 2021

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Heard Sri Awadhesh Singh, holding brief of Sri Raghvendra Shankar Srivastava, learned counsel for the petitioner, the learned Standing Counsel for the State-respondents and Sri Ramesh Chandra Tiwari, learned counsel for the private respondents.

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The instant application has been filed in respect of deceased-Karamsatti/petitioner.

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The substitution application is well within time.

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Let the word 'deceased' be mentioned against the name of Karamsatti-petitioner and her legal heirs as mentioned in the prayer clause of the substitution application be substituted as petitioner no. 1/1. Santosh Kumar Dubey, petitioner no. 1/2. Brijesh Kumar Dubey and petitioner no. 1/3. Sanjay Kumar Dubey.

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The application is accordingly, allowed.

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Learned counsel for the petitioner is permitted to carry out the necessary substitution in the array of parties during course of the day.

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In Re: Civil Misc. Delay Condonation Application No. 3 of 2023 along with Substitution Application No. 4 of 2023

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As per ofÏce report dated 08.05.2023/23.05.2023, Sri Narendra Mohan and Sri Ramesh Chandra Tiwari, Advocates, have filed Vakalatnama on behalf of proposed respondents no. 3/1, 3/2, 3/3, 3/4 and 3/5.

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Heard Sri Awadhesh Singh, holding brief of Sri Raghvendra

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Shankar Srivastava, learned counsel for the petitioner, the learned Standing Counsel for the State-respondents and Sri Ramesh Chandra Tiwari, learned counsel for the private respondents.

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The instant applications have been filed in respect of deceased-Chhote Lal/respondent no.3 along with application under Section 5 of Limitation Act.

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The explanation given for the condonation of delay in the afÏdavit is satisfactory.

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The delay in filing the substitution application is condoned.

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Let the word 'deceased' be mentioned against the name of respondent no. 3 and in his place the names of his legal heirs as mentioned in the prayer clause of the substitution application be substituted as respondent no.3/1. Rakesh, respondent no.3/2. Rajesh, respondent no.3/3. Akash, respondent no. 3/4. Nehal and respondent no. 3/5. Rekha.

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The applications are accordingly, allowed.

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Learned counsel for the petitioner is permitted to carry out the necessary substitution in the array of parties during course of the day.

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In Re: Civil Misc. Withdrawal Application No. 5 of 2023

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Heard Sri Awadhesh Singh, holding brief of Sri Raghvendra Shankar Srivastava, learned counsel for the petitioner, the learned Standing Counsel for the State-respondents and Sri Ramesh Chandra Tiwari, learned counsel for the private respondents.

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Learned counsel for the petitioners submits that the petitioners do not want to contest the matter any more and as such prayed for withdrawal of the writ petition.

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Learned Standing Counsel appearing for the Staterespondents and Sri Ramesh Chandra Tiwari, appearing for the private respondents have no objection.

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Accordingly, the withdrawal application is allowed.

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In view of the order passed on Civil Misc. Withdrawal Application No. 5 of 2023, the writ petition is dismissed as withdrawn .

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Order Date :- 5.12.2023 Prajapati

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Karamsatti v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Karamsatti v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

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