Chattisgarh High Court
Olib Lal And Others vs Superintendent Of Police And Others on 4 April, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
SA No. 21 of 2010
OLIB LAL AND OTHERS versus SUPERINTENDENT OF POLICE AND
OTHERS
Order Sheet
03.04.2025 Mr. Anshit Singh Hora, Advocate on behalf of Mr.
Ravindra Sharma alongwith Mr. Rakesh Kumar
Manikpuri, counsel for the appellants.
Mr. Aman Tamboli, Panel Lawyer for the State.
Heard on I.A. No. 06/2024, application for deleting
the name of appellant No. 1 Smt. Olib Lal and appellant
No. 10 Vineet Kumar.
It has been reported that during the pendency of
the this appeal, appellant No. 1 has expired on
04.07.2013 and their legal representatives have already
been on record as appellants No. 2 to 6, as such, learned
counsel for the appellant would pray for deleting the name
of the appellant No. 1. He would further submit that
appellant No. 10 died issueless on 07.12.2015, as such
Digitally
signed by
MANISH
MANISH YADAV
YADAV Date:
2025.04.04
18:10:04
+0530
2/3they may be allowed to delete the name of the appellant
No. 10.
On due consideration,I.A. No. 06/2024, application
for deleting the name of appellant No. 1 Smt. Olib Lal and
appellant No. 10 Vineet Kumar is allowed and Registry is
directed to delete the name of the appellant No. 1 Olib Lal
and appellant No. 10 Vineet Kumar from the cause title.
Learned counsel for the appellants would further
submit that during pendency of this appeal, appellant No.
6 Milka Kumar and appellant No. 13 Vijaya Bala Lal have
expired, therefore, he has filed applications under Section
5 of the Limitation Act for condonation of delay in filing the
applications under Order 22 Rule 9 C.P.C. for setting
aside abatement in respect of appellant No. 6 and
appellant No. 13.
On due consideration, applications under Section 5
of the Limitation Act for condonation of delay in filing the
applications is allowed and delay in filing the applications
is hereby condoned.
Learned counsel for the appellants would further
submit that he has filed I.A. No. 08/2024, application
under Order 22 Rule 9 of C.P.C. read with Section 151 of
C.P.C. for setting aside the abetment in respect of
appellant No. 6.
On due consideration and for the reasons
mentioned in the application, the same is allowed.
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Learned counsel for the appellants would further
submit that he has filed I.A. No. 09/2024, application
under Order 22 Rule 9 of C.P.C. read with Section 151 of
C.P.C. for setting aside the abatement in respect of
appellant No. 13.
On due consideration and for the reasons
mentioned in the application, the same is allowed.
Learned counsel for the appellant would further
submit that he has also filed I.A. No. 07/2024, application
under Order 22 rule 3 of C.P.C. for substitution of legal
representatives of deceased appellant No. 6 namely
Dheeraj Kumar on record and he may be arrayed as 6A
and for substitution of legal representatives of deceased
appellant No. 13 namely Abhishikt, Smt. Vibhuti Jadhav
and Smt. Anubhuti Lal on record and they may be arrayed
as 13A, 13B and 13C in the cause title.
On due consideration and for the reasons
mentioned in the application, the same is allowed.
Learned counsel for the appellants is directed to
incorporate necessary amendment in the cause title and
amended cause title be filed within two weeks.
List this case on 30th April, 2025.
Sd/-
(Narendra Kumar Vyas)
Judge
Manish
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