Writ petition rendered infructuous due to the death of the petitioner. The court directed the legal heirs to seek substitution in the underlying Title Suit via Order 1 Rule 10 CPC rather than in the writ proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19095 of 2014
======================================================
Anwarul Haque Khan S/o Nasharul haque Khan R/o Village Barh Pathar, Dehri-on-Sone, P.S. Dehri, District Rohtas.
... ... Petitioner/s
Versus
Akhtari Khatoon W/o Md. Nesar Ansari R/o Village Barh Pathar, Babuganj, P.S. Dehri, District Rohtas.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashutosh Singh For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
6 11-01-2024 Heard the parties.
The writ petitioner has died. The petitioner had filed
an application under Order 1 Rule 10 for addition as party in the Title Suit No. 332 of 2006 which was rejected. Now, after the death of the petitioner, the legal heirs have filed an interlocutory application before this Court for substitution in the writ proceedings.
I am of the view that the writ petition having been filed by the petitioner has now become infructuous. The legal heirs of the writ petitioner who claim through the writ petitioner can file an application under Order 1 Rule 10 in Title Suit No. 332 of 2006 and the Court below will pass an order in accordance with law after enquiring into the matter as to whether the legal heirs are required to be added as defendants or
Patna High Court CWJC No.19095 of 2014(6) dt.11-01-2024 2/2
not.
With the aforesaid directions, this application is
disposed of.
(Sandeep Kumar, J)
Vikas/-
U
Anwarul Haque Khan
Akhtari Khatoon
Sandeep Kumar
As recorded by the court registry
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