JUDGEMENT
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(1.) Order dated 05.01.2012 (on the order sheet) on which date after conclusion of the arguments judgment was reserved is quoted below:
"Heard Sri V.B. Upadhya, learned senior. counsel, Sri S.G. Husnain, learned senior counsel, Additional Advocate General assisted by Sri G.K. Pandey, learned counsel for appellant, Sri R.N. Singh, learned senior counsel, assisted by Sri Ramesh Upadhya, learned counsel for respondent no.11 Aligarh Development Authority, Sri Ram Kaushik learned counsel for Nagar Nigam Aligarh, respondent no.8 and Sri B.B. Paul, learned counsel for respondents no. 1,2,3 and 5.
Judgment reserved. "
(2.) In the second appeal M/s Bharat Stores Limited had filed impleadment application, which was rejected on 05.01.2012 by the following order:
"Heard Sri K.D. Tripati, learned counsel on this impleadment application filed by M/s. Bharat Store Ltd, As M/s. Bharat Store Ltd. was not party either in the suit or in the First Appeal, hence I do not consider it appropriate to implead it as party in the Second appeal. Moreover, as M/s. Bharat Store Ltd. was not a party in the suit hence judgment would not be binding upon it.
Accordingly, impleadment application is rejected."
(3.) Substitution application to bring on record legal representatives of respondent No.1 in the second appeal was also allowed on 05.01.2012 by the following order:
"Sri B.B. Paul, learned counsel for the respondents states that he has filed Vakalatnama on behalf of Virendra Parasar one of the sons/legal representatives of late Sri Umashankar Parasar. Even though through this substitution application four sons two daughters in law and two grand sons have been sought to be substituted at the place of late Sri Umashanker Parasar, respondent no.1, however, Sri B.B. Paul, learned counsel states that after the death of Sri Uma Shanker Parasar his son Virendra Parasar became Secretary of the Society of which Sri Umashanker Parasar was Secretary. Accordingly, this substitution application is allowed in part and Sri Virendra Parasar is substituted at the place of Umashanker Parasar, respondent no.1, in the Second appeal.";
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