Dismissed
Tripti Narayan Jha v. Indra Nath Sharan @ Amrendra Kumar
Patna HCC.Misc./1070/2018
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1070 of 2018
======================================================
Tripti Narayan Jha S/o Late Pandit Harikant Jha, Permanent Resident of Village Dhankaul, Police Station- Jalley, District- Darbhanga.
... ... Petitioner/s
Versus
Indra Nath Sharan @ Amrendra Kumar S/o Late Sri Baidehi Sharan, Resident of Mohalla Balbhadrapur, Near District Vetenary Hospital, P.O. and P.S. Laheria Sarai, District- Darbhanga.
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarendra Narayan For the Respondent/s : Mr. Bishwanath ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
7 20-09-2022 I.A. No.01/2022
Learned counsel for the petitioner submits that during
pendency of this application the sole petitioner has died on 30.09.2021 and he has filed the substitution petition vide I.A. No. 01/2022 for substitution of the name of the legal heirs/representatives of the deceased details of whom is mentioned in paragraph-2 of the Interlocutory Application.
After having heard learned counsel for the petitioner and taking into consideration the nature of prayer, the substitution petition (I.A. No. 01/2022) is allowed.
Let the name of sole petitioner be expunged and the name of his heirs/representatives as mentioned in paragraph-2 of the said petition be substituted as petitioners.
A supplementary affidavit has also been filed in
Patna High Court C.Misc. No.1070 of 2018(7) dt.20-09-2022 2/2
support of the aforesaid Interlocutory Application.
The petitioner/appellant has preferred this application against order dated 20.04.2018 passed by Additional District & Sessions Judge, Darbhanga whereby a petition filed by the appellant/tenant under Order 41 Rule 5 for stay of Eviction Execution Case No. 03/2014 has been rejected.
Mr. Bishawanth Choudhary, learned counsel for the respondent submits that decree for eviction has already been executed and the report of the Nazir has been annexed as Annexure-A to the counter affidavit filed by the respondent/landlord.
In view of the aforesaid submission, this application is dismissed as infructuous.
(Anil Kumar Sinha, J)
perwez
U
Tripti Narayan Jha
Indra Nath Sharan
Anil Kumar Sinha
As recorded by the court registry
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