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PREMNARAYAN THROUGH HIS LR v. PARMANAND BRAHMAN (SINCE DECEASED), THR. LRS.

Supreme Court of India | Diary 47026/2023

Status

Order

Decided On

2024-12-09

Bench

HON'BLE MR. JUSTICE VIKRAM NATH, HON'BLE MR. JUSTICE PRASANNA B. VARALE

Petitioner

PREMNARAYAN THROUGH HIS LR

Respondent

PARMANAND BRAHMAN (SINCE DECEASED), THR. LRS.

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.14115-14117 OF 2024 [ARISING FROM SLP(CIVIL) NOS.28647-29649 OF 2024]

[Arising from Diary No(s). 47026/2023]

PREMNARAYAN (DEAD) THROUGH HIS LR MUNNALAL SHUKLA APPELLANT(S)

VERSUS

PARMANAND BRAHMAN (SINCE DECEASED) THR. LRS. & ORS. RESPONDENT(S)

O R D E R

1. Delay condoned.

2. Leave granted.

3. These appeals arise from the judgments

and orders passed by the High Court of Madhya

Pradesh on 21.07.2017, 10.01.2023 and 28.04.2023

in Second Appeal No.840 of 2005, Review Petition

No.1089 of 2018 and Misc. Civil Case No.273 of

2023 respectively.

4. While issuing notice on 02.09.2024, this

Court had passed the following order :

“Learned counsel appearing for the petitioner referring to the copy of review petition submitted that Mr. R.K. Samaiya, who was earlier the counsel for the petitioner before the High Court, had given ‘No Objection Certificate’ in September, 2010, and thereafter Mr. K.B. Vishwakarma, Advocate, was engaged. However, in the year 2017, at the time when Mr. Samaiya had no instructions, he stated before the High Court that he has instructions to withdraw the appeal.

2

It was, further, submitted that in the review petition a specific plea was taken regarding the ‘No Objection Certificate’ given by Mr. Samaiya and the engagement of Mr. K.B. Vishwakarma, Advocate for the petitioner, but ...

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