PRASHANT MISHRA Vs. ANIRUDH KUMAR

JUDGEMENT

(1.) HAVING heard the learned counsel for the parties, it transpires that Original Suit No.76 of 1991 was launched seeking partition of 1/3rd share over the property, in question, wherein besides defendant nos.1 and 2, there were defendant nos.3 to 5 also, who were averred to be the un -authorized occupants on some part of the property. That suit was decreed on 16.12.1998 and thus, 1/3rd share of the plaintiffs was determined.

(2.) IT is pertinent to mention that during the course of Trial itself, plaintiff Keshav Dutt died and in his place, his legal heirs viz. Som Dutt Mishra, Narayan Mishra and Vasudev Mishra (all sons) as well as Smt. Raj Laxmi (daughter) were substituted.

(3.) NO impleadment of Smt. Rameshwari Devi, widow of Keshav Dutt, was sought in the substitution application moved by the plaintiffs. This lady Smt. Rameshwari Devi moved an application during pendency of appeal seeking her impleadment in the fray. Such application, though rejected by the Trial Court, but ultimately, was allowed by the High Court in Writ Petition No.608 of 2012. Even before the impleadment could be incorporated, the lady died on 1.5.2012. After more than three months of her death, Yagya Dutt Mishra and 2 Prashant Mishra, who were none other but the grandsons of Smt. Rameshwari Dutt (though from her different sons), came forward and sought their impleadment on the basis of will bequeathed by their grandmother. Their application was rejected by the First Appellate Court but ultimately, it was also allowed by this Court in Writ Petition No.2320 of 2012. So, they were impleaded as party in the memo of appeal and at the time of passing the order on 6.8.2013, the High Court made it clear that 'written statement has already been filed by late Sri Keshav Dutt in the suit before the Trial Court. The same written statement would also be treated to be filed on behalf of applicants/legal representatives of late Smt. Rameshwari Devi.'