IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.303 of 1992 RAJENDRA CHAUDHARY & ORS Versus KULDIP PASWAN & ANR 06 05.11.2009 I.A.No.3892 of 2009 (Flag “X-1) has been filed on 06.07.2009 on behalf of the appellants for substituting the heirs of appellant nos.1 and 3- Rajendra Chaudhary and Yogendra Chaudhry who have died on 26.04.2009 and 06.06.2009 respectively leaving behind their heirs and legal representatives fully detailed in paragraphs 1 and 3 of the Interlocutory application. A prayer has also been made for expunging the name of appellant no.2-Nagendra Chaudhary who has died issueless on 07.05.2008 leaving behind only a brother as his heir and legal representative who is already on record as appellant no.1. 2. A supplementary affidavit (Flag “X-3) dated 15.10.2009 has been filed on behalf of the appellants for correcting the dates of deaths of the said appellant no. 1 to 10.04.1995 and appellant no.2 to 04.08.1995 and appellant no.3 to 08.12.2003, all during the pendency of the instant second appeal. 3. I.A.No.6569 of 2009(Flag “X-2) has been filed on 15.10.2009 on behalf of the appellants for setting aside the abatement and condoning delay in the filing of the application for substitution. A duly executed vakalatnama has also been filed on behalf of the proposed heirs of the said appellants. 4. Considering the said facts and circumstances, both the said interlocutory applications are allowed, abatement is set aside and - 2 - delay in filing the application for substitution is condoned. Let the name of appellant no.2 be expunged and let the heirs of appellant nos.1 and 3 be substituted in their respective places. 5. I.A.No.3891 of 2009 (Flag “Y-1) has been filed on 06.07.2009 on behalf of the appellants for substituting the heir of respondent no.1- Kuldip Paswan who is said to have died on 12.04.2009 leaving behind his heir and legal representative fully detailed in paragraph 1 of the Interlocutory application. 6. A supplementary affidavit (Flag Y/3) dated 15.10.2009 has been filed on behalf of the appellants for correcting the date of death of respondent no. 1 to 20.02.2000 during the pendency of the instant second appeal which date of death was obtained by the appellants from the said heir of deceased respondent no.1. 7. I.A.No.6567 of 2009(Flag “Y-2) has been filed on 15.10.2009 on behalf of the appellants for setting aside the abatement and condoning delay in the filing of the application for substitution. 8. Considering the said facts and circumstances, both the said interlocutory applications are allowed, abatement is set aside and the delay in filing the application for substitution is condoned. Let the name of deceased respondent no.1 be expunged and let his aforesaid heir be substituted in his place. 9. I.A.No.6568 of 2009(Flag “Z”) has been filed on 15.10.2009 on behalf of the appellants stating that all the parties to the second appeal have amicably settled the matter outside the court in Mutation Appeal no. 55 of 2007-08 before the learned Deputy - 3 - Collector Land Reforms, Hajipur, Vaishali and hence he wants to withdraw this second appeal. 10. Accordingly, the said interlocutory application is allowed and this second appeal is dismissed as withdrawn. shahid (S.N.Hussain, J)