HARISH AND ORS. Vs. SHRINATH LOHIYA AND ORS.

JUDGEMENT

(1.) The matter today comes up on an application being A.O. 2454/2014 filed by learned Counsel Shri Manish Patel on behalf of the applicants viz. Smt. Aneeta Damwani, Bhagyashri and Dinesh, the legal heirs of ate Narendra under Article 226 of the Constitution of India read with Order 22 Rule 3 and 9 C.P.C. for being impleaded and seeking permission to prosecute the Tit petition on behalf of Shri Narendra, who expired earlier.

(2.) Facts in brief are that the present writ petition was filed by Sh. Harish and Narendra (defendants) through their power of attorney Sh. Basudev challenging the order passed by the Appellate Court rejecting the appeal filed by the petitioners against the temporary injunction order passed by the Civil Court in favour of the plaintiff. The suit in question was filed by the plaintiff Shrinath Lohiya, (respondent No. 1 in writ petition), against Harish and Narendra the defendants (petitioners in writ petition). The writ petition came to be allowed by this Court on 2.4.2009.

(3.) Thereafter, a Misc. Application No. 62/2012 was moved by the plaintiff Shrinath Lohiya for recalling of the order on the ground that the petitioner Narendra had expired during the pendency of the writ petition and the learned Counsel for the petitioner did not bring this fact to this Court's notice when the writ petition was being argued. When the application for recalling of the order was being considered, this Court was also informed the petitioner No. 1 Harish had also passed away.