JUDGMENT : 1. Pursuant to order dated 09.11.2022, notices were issued upon respondent nos. 4 & 5. Service report of notice reveals that notice have been received by grandson. 2. Considering the same, notice upon the respondent nos. 4 & 5 is deemed to be validly served. 3. It further appears that respondent nos. 1 & 7 to 9 have appeared through learned counsel by filing Vakalatnama. 4. It further appears that notices served upon respondent nos. 2(a) to 2(g), 3(a) to 3(c), 6(a) to 6(c) & 10(a) to 10(b). I.A. No. 4490 of 2023 5. I.A. No. 4490 of 2023 has been filed for substitution of legal heirs of respondent no. 7 namely, Lallu Sao, who died during pendency of this second appeal on 15.04.2023, leaving behind his legal heirs and representatives, as mentioned in Para-3 of the said I.A. 6. Learned counsel for the appellants has submitted that the substitution petition being I.A. No. 4490 of 2023 has been filed within time, as such, the same be allowed and names of legal heirs and representative of respondent no. 7 may be incorporated in the memo of appeal in place of respondent no. 7. 7. Considering such submission, I.A. No. 4490 of 2023 is allowed. 8. Learned counsel for the appellants is directed to delete the name of respondent no. 7 from the memo of appeal and in his place, incorporate the names of legal heirs/representatives of respondent no. 7 with red ink. 9. Let notice be issued upon the substituted legal heirs of respondent no. 7, under registered cover with A/D as well under ordinary process, for which requisites etc. must be filed after one week of Summer Vacation. I.A. No. 3213 of 2024 10. I.A. No. 3213 of 2024 has been filed for substitution of legal heirs of appellant no. 1(b) namely, Rama Prasad Singh, who died during pendency of this second appeal on 16.02.2024, leaving behind his legal heirs and representatives, as mentioned in Para-3 of the said I.A. and also for substitution of legal heirs of appellant no. 1(g) namely, Binod Prasad Singh, who died during pendency of this second appeal on 12.02.2024, leaving behind his legal heirs and representatives, as mentioned in Para-4 of the said I.A. 11.
1(g) namely, Binod Prasad Singh, who died during pendency of this second appeal on 12.02.2024, leaving behind his legal heirs and representatives, as mentioned in Para-4 of the said I.A. 11. Learned counsel for the appellants has submitted that the substitution petition being I.A. No. 3213 of 2024 has been filed within time, as such, the same be allowed and names of legal heirs and representative of appellant nos. 1(b) & 1(g) may be incorporated in the memo of appeal in place of appellant nos. 1(b) & 1(g). 12. Considering such submission, I.A. No. 3213 of 2024 is allowed. 13. Learned counsel for the appellants is directed to delete the name of appellant nos. 1(b) & 1(g) from the memo of appeal and in their place, incorporate the names of legal heirs / representatives of appellant nos. 1(b) & 1(g) with red ink. 14. Let notice be issued upon the substituted legal heirs of appellant nos. 1(b) & 1(g), under registered cover with A/D as well under ordinary process, for which requisites etc. must be filed after one week of Summer Vacation. 15. List this case after receipt of service report of notice.