Rajasthan High Court
Sampati Devi vs Chiranji Lal And Ors on 17 August, 2022
Bench: Sudesh Bansal
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.
(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.
(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
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