Khursheed And Others vs Smt Zannat
2022 Latest Caselaw 5146 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil First Appeal No. 478/2015

Khursheed S/o Abdul Hameed and Anr.
                                                                 ----Appellants
                                   Versus
Smt Zannat W/o Habib
                                                                ----Respondent

For Appellant(s)         :     Mr. B.B. Ojha
For Respondent(s)        :     Mr. Bipin Gupta



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

26/07/2022

Appellants-defendants have filed this first appeal, assailing

judgment and decree dated 07.08.2015 passed by Additional

District Judge No.2, Jhunjhunu in civil suit No.315/13 whereby

civil suit for cancellation of sale deed and permanent injunction

has been decreed and counter claim filed by respondent-plaintiff

has been dismissed.

It has been alleged that appellant No.2 Khaleel has passed

away on 26.03.2020 due to Covid-19 during pendency of first

appeal, hence, the factum of his death may be taken on record

and his legal representatives named in the application be allowed

to be substituted and a separate application under Section 5 of the

Limitation Act has also been filed for condonation of delay in fling

the application may also be allowed.

For reasons mentioned in applications and considering the

fact that death has occurred due to pandemic Covid-19 and the

impugned decree is joint qua both appellants, applications are

allowed. Delay in filing the application is condoned. Legal

(2 of 2) [CFA-478/2015]

representatives of deceased appellant No.2 are allowed to

substituted. Amended cause title, enclosed with the application, is

taken on record.

In view of above, applications No.1/2020, 2/2020, 3/2020,

4/2020 stand disposed of.

(SUDESH BANSAL),J

NITIN /67

Powered by TCPDF (www.tcpdf.org)