Allahabad High Court
VIJAY SONI @ SHAMBHU PRASADversusSTATE OF U.P. THRU SECRY. AND 3 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The court condoned the delay, allowed substitution of the deceased petitioner, and dismissed the writ petition as withdrawn.
Summary
The petitioner Vijay Soni, who had died, filed applications for substitution of his legal representatives and for condonation of delay in filing those applications. The court examined the affidavits supporting the substitution and delay condonation and found sufficient cause to excuse the delay. Consequently, the court allowed the condonation of delay and approved the substitution of parties. A separate withdrawal application was filed, supported by the deceased petitioner's affidavit, and the court accepted the withdrawal in view of the substitution order. The writ petition was therefore dismissed as withdrawn.
Issues considered
- Whether the delay in filing the substitution application can be condoned.
- Whether substitution of a deceased petitioner by legal representatives is permissible.
- Whether the writ petition can be dismissed as withdrawn upon acceptance of the withdrawal application.
Subjects
- condonation of delay
- substitution of parties
- withdrawal of writ petition
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 65320 of 2013
Vijay Soni @ Shambhu Prasad
.....Petitioner(s)
Versus
State Of U.P. Thru Secry. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Falaq Wakeel, Lavlesh Kumar Sharma,
Mansoor Ahmad, S.N. Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE KSHITIJ SHAILENDRA, J.
In Re: Civil Misc. Delay Condonation Application No.4 of 2025
In Re: Civil Misc. Substitution Application No.5 of 2025
1. Heard Sri Mansoor Ahmad, learned counsel for the petitioner-
applicant.
2. Present applications have been filed seeking substitution in place of
deceased-petitioner.
3. For the reasons stated in the affidavits supporting these two
applications, the delay in filing the substitution application is condoned.
4. Application seeking condonation of delay is allowed.
5. Substitution application is also allowed.
6. Office is directed to to carry out necessary substitution in the array of
parties within three weeks from today.
In Re: Civil Misc. Withdrawal Application No.104630 of 2014
1. This application has been filed seeking withdrawal of the writ petition.
2. Application is supported by the affidavit of petitioner who has died,
however, has been substituted by his legal representatives today in view
of the order passed today in the substitution application.
WRIC No. 65320 of 2013
2
3. It has been stated in the affidavit that impounded sale-deed has been
released in favour of the petitioner.
4. In view of the above, application is allowed.
5. Writ petition is dismissed as withdrawn.
Order on Writ Petition
In view of the order passed today in Civil Misc. Withdrawal Application
No.104630 of 2013, writ petition is dismissed as withdrawn.
(Kshitij Shailendra,J.)
March 19, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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