DHIRENDRA MOHAN SHARMA Vs. MAGAN LAL

JUDGEMENT

(1.) This order happens to be an interlocutor order, in the present pending second appeal, where the issue which is under consideration is with regards to the effect of the deceased respondent nos.1 and 2, having being impleaded in the Second Appeal; at the time of its institution on 06.08.2020, who were later on, reported to be deceased, as per the office report of the Registry dated 30.09.2020.

(2.) Brief facts, which are necessary to be considered, by this Court, for the purposes of deciding the said issue, about the effect of deceased person having being impleaded as party respondent in the second appeal, are that on 09.07.1992, the plaintiff/ appellant herein had instituted a suit, bearing the following cause title:-

(3.) In the suit in question the plaintiffs/appellants, have sought a decree in the nature of demolition, eviction and damages for the user of the property, for which the relief in the suit was modulated as under:-