Hemraj S/O Shyoji Lal vs Rambilas S/O Ramkalyan
2022 Latest Caselaw 2864 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 5749/2019

Hemraj S/o Shyoji Lal
                                                                    ----Appellant
                                     Versus
Rambilas S/o Ramkalyan
                                                                  ----Respondent

For Appellant(s)         :     Mr. Shree Ram Dhakar
For Respondent(s)        :     Mr. Sunil Jain



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

05/04/2022

In relation to death of one Lokesh, two claim petitions were

filed, one by her mother- Bajrangi Bai being claim petition

No.322/2017 and another by his father- Hemraj being claim

petition No.399/2017.

The Tribunal has heard both claim petitions together and

decided vide common judgment dated 15.10.2019. The claim

petition No.399/2017, filed by father was dismissed and claim

petition No.322/2017 filed by mother was allowed and

compensation of Rs.4,80,000/- was granted in favour of mother.

Father has filed this misc. appeal against dismissal of his

claim petition No.399/2017 and has not preferred any appeal

against grant of compensation in claim petition filed by mother.

Appellants have not impleaded mother as party in present appeal,

however, it appears that appellants have got stayed the judgment

and award dated 15.10.2019 passed in favour of mother vide

order dated 18.12.2019 passed by this Court.

(2 of 2) [CMA-5749/2019]

Now mother has filed an application (No.2/2021) under

Order 1 Rule 10 CPC along with an application (No.3/2021) for

vacation of stay order dated 18.12.2019.

Another application (No.1/2021) has been filed by appellants

for clarification of stay order dated 18.12.2019.

Heard learned counsel for both parties.

It is clear that appellants have filed present appeal only

against dismissal of their claim petition No.399/2017. Since claim

petition filed by appellants has been dismissed by the Tribunal,

there is no question of granting any stay order in favour of

appellants. More particularly, when appellants have not challenged

the award passed in claim petition No.322/2017, it appears that

appellants have succeeded in obtaining ex-parte stay order dated

18.12.2019, without clarifying factual aspects before this Court.

In such facts and situation, the stay order dated 18.12.2019

is vacated. The stay application stands dismissed.

Since, the stay order itself has been vacated, there is no

need to pass any order on application (No.1/2021) filed by

appellants for modification/clarification of the stay order.

Simultaneously, it is not required to implead the mother as party

in present appeal which do not involve the challenge to judgment

and award passed in claim petition No.322/2017 in favour of

mother.

With aforesaid observations, application (Nos.2/2021 and

3/2021) stand disposed of.

Record of the Tribunal be sent back forthwith.

(SUDESH BANSAL ),J

NITIN /59

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