Patna High Court – Orders
Mostt. Motijharo Kuar @ Mostt. … vs Vindhyachal Yadav, on 4 March, 2025
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
SECOND APPEAL No.87 of 2022
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Mostt. Motijharo Kuar @ Mostt. Motigharo Kuar & Ors.
... ... Appellant/s
Versus
Vindhyachal Yadav & Ors.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Parth Gaurav, Adv.
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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
6 04-03-2025
Re: I.A. No. 05 of 2024
This interlocutory application has been filed for
deleting the name of appellant no. 1, Mostt. Motijharo Kuar @
Mostt. Motigharo Kuar from memo of appeal, who died on
16.05.2022 leaving behind her heirs and legal representatives,
who are already on record as appellant nos. 3 to 5, whose details
are mentioned in mentioned in paragraph 3 of the interlocutory
application.
2. Considering the aforesaid facts and averments
made in the interlocutory application, I.A. No. 05 of 2024 is
allowed.
3. Office is directed to delete the name of appellant
no. 1 from the memo of appeal.
Re: I.A. No. 01 of 2022
4. This interlocutory application has been filed for
Patna High Court SA No.87 of 2022(6) dt.04-03-2025
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discharging guardianship of appellant nos. 6, 7, 8, 9, 10, 11 and
12, who were shown as minor in the decree under appeal though
they became major during pendency of the appeal.
5. Considering the aforesaid facts and averments
made in the interlocutory application, I.A. No. 01 of 2022 is
allowed.
6. Office is directed to delete the name of guardian of
appellant no. 6, 7, 8, 9, 10, 11 and 12 from the title page of the
instant appeal and appellant nos. 6, 7, 8, 9, 10, 11 and 12 are
permitted to proceed the case in their own names.
7. Learned counsel for the appellants is directed to file
hard copy of the vakalatnama of appellant nos. 6, 7, 8, 9, 10, 11
and 12.
Re: I.A. No. 04 of 2024
8. This interlocutory application has been filed for
seeking permission to file afresh memo of appeal along with
certified copy of the judgment and decree.
9. Learned counsel for the appellants submits that the
present appeal has been filed on 25.03.2022 and certain defects
were pointed out by the Office in the memo of appeal. It is
further submitted that earlier counsel did not take any steps for
removing the said defects. Then the appellant asked the counsel
to provide no objection certificate so that he can engage other
Patna High Court SA No.87 of 2022(6) dt.04-03-2025
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counsel for taking steps in this regard. Thereafter, a fresh
vakalatnama with no objection certificate has been filed on
18.10.2024. It is submitted that earlier counsel told the appellant
that the original copy of the memo of appeal and certified copy
of the judgment and decree has been misplaced from his office.
10. Learned counsel for the appellants submits that
fresh certified copy of the judgment and decree has been
obtained by the appellant. He seeks permission to file fresh
certified copy of the judgment and decree as well as memo of
appeal.
11. Considering the aforesaid facts and circumstances,
I.A. No. 04 of 2024 is allowed.
12. Learned counsel for the appellants is permitted to
file fresh memo of appeal in continuation of the present appeal.
13. Since the limitation has already been condoned,
no question of delay with regard this Second Appeal arises.
14. List this case under the heading “For hearing
under Order XLI Rule 11 C.P.C.” on 18.03.2025 at 12:00 noon.
(Khatim Reza, J)
prabhat/-
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