High Court Jharkhand High Court

Satya Narayan Agarwalla & Ors vs Khadni Mahtain & Ors on 23 September, 2011

Jharkhand High Court
Satya Narayan Agarwalla & Ors vs Khadni Mahtain & Ors on 23 September, 2011
           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Civil Review No. 60 of 2010
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Satya Narayan Agarwalla & others Petitioners
Versus
Khedni Mahtain & others Respondents

CORAM: The Hon’ble Mr. Justice R.K. Merathia

For the Petitioners: Mr. Kundan Kr. Ambastha, Advocate

Order No. 09 Dated 23rd September, 2011

I.A. No. 2591/2011

Heard.

On being satisfied with the grounds, petitioners are permitted to
take steps for substituted service of notice upon the respondent nos.
2,3,4,8,10,11(b),12 and 14 by publication of notice in the daily
newspaper ‘Prabhat Khabar’ published from Dhanbad, within two
weeks and file affidavit in proof thereof within two weeks thereafter.
I.A. No. 1863/2011
It is submitted that the petitioner no. 1-Satya Narayan Agarwalla
died on 25.03.2011 leaving behind his legal heirs / representatives, as
mentioned in para-1 of this petition; and that this petition has been
filed within time i.e. on 23.06.2011 along with the vakalatnama on
behalf of the proposed heir.

In the circumstances, let the proposed legal heirs /
representatives of the deceased petitioner no. 1-Satya Narayan
Agarwalla, as mentioned in para-1, be substituted in his place.
I.A. No. 2590/2011
It is submitted that Respondent No. 11(a)-Sita Ben died in the
month of May 2011 leaving behind her legal heirs / representatives, as
mentioned in para-1 of this petition, but the exact date of her death
could not be ascertained in spite of best efforts and this petition has
been filed on 25.08.2011 with marginal delay, if any.

In the circumstances, let the proposed legal heirs /
representatives of the deceased respondent no. 11(a)-Sita Ben, as
mentioned in para-1, be substituted in her place, subject to the
objection by the substituted heirs / representatives if any, in future.
Petitioners will include the name of the proposed heirs in the
substituted service of notice by paper publication as aforesaid.

All the three I.As. stand disposed of.

(R.K. Merathia, J)
Ranjeet/