HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 47/1991
Sampati Devi & Ors.
----Appellants
Versus
Chiranji Lal And Ors.
----Respondents
Connected With S.B. Civil First Appeal No. 20/1991 Jagan Nath & Anr.
----Appellants Versus Smt.sampati Devi & Ors.
----Respondents
For Appellant(s) : Mr. Amit Jindal
For Respondent(s) : Mr. Jitendra Mishra
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
17/08/2022
Both these first appeals have been preferred against the judgment and decree dated 10.10.1990 passed in Civil Suit No.91/1980 (92/1979) whereby and whereunder the suit for possession and redemption of mortgage property has been partly decreed. Against the judgment and decree, plaintiff and defendants both have preferred these first appeals.
Both parties have moved applications, stating that following persons have passed away during course of first appeals:-
(A) Kailash (who is appellant No. 2/3 in S.B. Civil First Appeal No. 47/1991 and respondent No.2/3 in S.B. Civil First Appeal No. 20/1991) died on 10.01.2010 and is survived by Ajay, Sanjay and Nirmala being his two sons and daughter. (Downloaded on 24/08/2022 at 10:00:48 PM)
(2 of 3) [CFA-47/1991] (B) Lali (who is appellant No.2/5 in S.B. Civil First Appeal No. 47/1991 and respondent No.2/6 in S.B. Civil First Appeal No. 20/1991) passed away and is survived by Anil, Sunil being her two sons.
(C) Gopal Kant (who is appellant No.3 in S.B. Civil First Appeal No. 47/1991 and respondent No.3 in S.B. Civil First Appeal No. 20/1991) passed away on 27.1.1997, leaving behind his wife namely Smt. Gyarsi Devi as his legal representative.
(D) Durga Prasad (who is appellant No.4 in S.B. Civil First Appeal No.47/1991 and respondent No.4 in S.B. Civil First Appeal No. 20/1991) passed away on 1.1.2020, leaving behind his son Rambabu and daughter Lalita as legal representatives.
(E) Banwari (who is appellant No.5 in S.B. Civil First Appeal No.47/1991 and respondent No.5 in S.B. Civil First Appeal No. 20/1991 died on 18.1.2016 leaving behind his son Virendra and wife Laxmi as his legal representatives.
Learned counsel for both parties jointly submits that other persons are already available on record, therefore, appeals do not abate qua the deceased persons and the delay in filing applications be condoned and their legal representatives named hereinabove be allowed to be substituted in both appeals.
Having considered the nature of first appeals arising out of civil suit for possession and redemption of mortgage and with the consent of learned counsel for both parties, delay in filing applications, for bringing legal representatives of deceased persons, is condoned.
Accordingly, legal representatives of deceased person, detailed out hereinabove, are allowed to be taken on record. (Downloaded on 24/08/2022 at 10:00:48 PM)
(3 of 3) [CFA-47/1991] One another application (I.A No.2/2022) has also been filed in S.B. Civil First Appeal No. 20/1991 stating that respondent No.1 Sampati has died and her legal representatives are already on record as respondents No.2 to 7. Hence, the factum of death of Smt. Sampati be taken on record and against her name "deceased having being represented through legal heirs" be inserted. It has also been prayed in the same application that respondent No.9 namely Smt. Kapuri Devi and respondent No.10 namley Smt. Kamla have also passed away and they are proforma parties, hence their name may be deleted. The similar application in relation to Sampati, Kapuri Devi & Kamla has already been allowed in S.B. Civil First Appeal No. 47/1991 vide order dated 27.7.2022, hence application (I.A.No.2/2022) is allowed.
In view of above, application (I.A. No.2/2022) in S.B. Civil First Appeal No.47/1991 and applications (I.A. No.1/2022), (I.A. No.2/2022) & (I.A. No.3/2022) in S.B. Civil First Appeal No. 20/1991 are disposed of.
Learned counsel for both parties undertakes to file the respective amended cause title in their appeals within a period of two weeks.
On joint request of counsel for both parties, list these appeals again on 15.09.2022.
(SUDESH BANSAL),J SACHIN/2-3 (Downloaded on 24/08/2022 at 10:00:48 PM) Powered by TCPDF (www.tcpdf.org)