SHAKUNTALA MATHUR Vs. BEENA MATHUR

JUDGEMENT

(1.) This order would decide the issue as to whether after death of sole appellant-plaintiff Shakuntla Mathur during pendency of first appeal, any of her legal representatives can be allowed to be substituted in her place as appellants to continue the proceedings of first appeal?

(2.) This is not in dispute that appellant- Shakuntla Mathur was unmarried and her parents had already been passed away when she died on 1/2/2020. Her two nephews namely Shaleen Mathur and Naleen Mathur sons of Rajendra Swaroop Mathur, have moved an application (1/2020) on 14/2/2020 seeking their substitution as legal representatives of deceased appellant, on the basis of her will dtd. 28/1/2003. On the other hand her natural brothers, one Rajendra Swaroop Mathur has moved application (3/2021) on 19/4/2021, another brother Ashok Mathur has moved applications (1/2021 and 2/2021) on 8/2/2021, Rakesh and Anil sons of deceased brother Y.S. Mathur have moved separate applications (1/2022 and 2/2022) on 9/2/2022 and (3/2022 and 4/2022) on 15/2/2022, One Mr. Alok son of deceased sister Shardha Mathur has moved applications (6/2022 and 7/2022) seeking their substitution as legal representatives of deceased appellant in the present appeal. Thus, application (1/2022) is based on testamentary succession (on the basis of will executed by deceased appellant) and all other applications are based on non- testamentary succession, filed by natural successor.

(3.) In order to decide the issue, it is necessary to look into the nature of first appeal arises against the judgment and decree dtd. 20/7/2018 whereby and whereunder the civil suit for declaration and permanent injunction filed by appellant-plaintiff was dismissed on merits.