[2023:RJ-JP:21320]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3560/2008
Smt Rameshwari Devi Widow of Shri Brijniwasdas ji, R/o Royal
Talkies Building, outside Ajmeri Gate, Beawar.
----Petitioner
Versus
1. Krishna Kumar Sharma S/o Brijniwasdas ji, R/o Royal Talkies
Building, outside Ajmeri Gate, Beawar (since Deceased) through
his legal representatives:-
1/1 Smt. Shashi kala W/o Late Shri Krishna Kumar Sharma
½ Nitin Kumar S/o Late Shri Krishna Kumar Sharma
1/3 Smt. Nidhi W/o Shri Mangesh D/o Late Shri Krishna Kumar
Sharma
All R/o 1/103, MIG Housing Board Colony behind Nakoda
Departmental Store, Pratapgarh, Rajasthan
-----Respondent/Plaintiff
2. Krishna Sharma W/o Ramesh Chandra ji Sharma, R/o Maheshwari Mohalla, Neemach City, Neemach Tehsil and Distt. Neemach (M.P.)
3. Smt. Kumud Sharma W/o Gaurishankar Sharma D/o Shri Brijniwasdas ji, R/o Royal Talkies Building, outside Ajmeri Gate, Beawar
4. Kamal Kumar Sharma S/o Shri Brijniwasdas ji, Brahmin R/o Royal Talkies Building outside Ajmeri Gate, Beawar.
5. Praveen Kumar S/o Shri Brijniwasdas ji, R/o Royal Talkies Building, out side Ajmeri Gate, Beawar.
---Defendants/Non-petitioners
6. Addl. District Judge (Fast Track) No. 2, Beawar through its presiding Officer.
----Proforma Respondent For Petitioner(s) : Mr. Rajat Ranjan with Mr. Akshat Chaudhary For Respondent(s) : Mr. Yellop Singh with Ms. Alisha Chopra & Mr. Vikram Singh for Mr. Suruchi Kasliwal HON'BLE MR. JUSTICE SAMEER JAIN Order 06/09/2023
1. By way of present writ petition filed under Article 227 of the Constitution of India, order dated 07.03.2008, passed by learned ADJ No. 2, Beawar, is in challenge.
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2. Learned counsel for the respondents, at the outset, submits that the sole petitioner died on 03.05.2018 and thereafter the impleadment application of Mrs. Pushpkanta has also been dismissed by the learned Trial Court vide order dated 13.07.2023. Therefore, it is contended that the present writ petition has become infructuous and an application to that effect (IA No. 2/2023) has also been filed.
3. On perusal of file, it is reflected that on 25.01.1993, plaintiff/non-petitioner No. 1, filed a civil suit under Order 7 Rule 1 of CPC for partition of the property left by Pandit Brijniwas Sharma, who was the father of the plaintiff and non-petitioner Nos. 2 to 5 and husband of the petitioner. The learned trial court vide its judgment dated 05.09.1994, decreed the suit filed by plaintiff/non-petitioner No. 1, and it was ordered that all the parties of the suit are entitled to 1/6th share in the disputed property. On the date of passing preliminary decree, learned trial court directed that plaintiff as well as the defendants to deposit Rs. 2,000/- towards the cost of Commissioner and thereafter, final decree will be passed. Proceedings were carried out and finally the impugned order was passed, operative portion of which is reproduced as below:-
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4. Being aggrieved by the said order, present petition was filed in the year 2008. During the tenure of the present petition, on 03.05.2018, the petitioner died. After her demise, an application (IA No. 44513/2018) was filed by one Smt. Pushpkanta under Order 22 Rule 3 of CPC seeking impleadment as legal heir of the original petitioner (Late Smt. Rameshwari Devi). Similar applications were also filed by Smt. Pushpkanta before the Trial Court.
5. Vide order dated 09.05.2023, after considering the order dated 10.03.2022, 25.07.2022 and 18.01.2023, this Court directed the Trial Court to decide the applications by purported legal heirs of the deceased petitioners.
6. Consequently, the Trial Court had dismissed the impleadment application of Smt. Pushpkanta vide order dated 13.07.2023, against which a separate writ petition has been filed.
7. Be that as it may, as on date, after the death of the sole petitioner, no one has the power to appear on her behalf. Smt. Pushpkanta has no locus to contest the present writ petition on behalf of the deceased petitioner.
8. The Application (IA No. 2/2023), seeking dismissal of the present writ petition as having been rendered infructous, for the reasons stated therein, has to be allowed.
9. Consequently, the present writ petition, on sole account of death of the petitioner, stands dismissed.
10. Pending application(s), if any, stands disposed of.
(SAMEER JAIN),J Pooja /273 (Downloaded on 11/11/2023 at 07:50:45 PM) Powered by TCPDF (www.tcpdf.org)