Citation : 2022 Latest Caselaw 6705 Raj/2
Judgement Date : 17 October, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 347/2022
Smt. Adarsh W/o Shri Harmahendra Hura, D/o Late Shri Malawa Ram
Gandhi & Anr.
----Appellants
Versus
Raj Kumar Gandhi S/o Late Shri Malawa Ram Gandhi & Anr.
----Respondents
For Appellant(s) : Mr. Prakash Kaushik For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 17/10/2022 An application (1/2022) has been filed on behalf of appellants to
remove defects pointed out by office.
It has been contended that two sisters Smt. Adarsh and Smt.
Savita jointly instituted civil suit seeking partition and permanent
injunction which has been dismissed vide impugned judgment dated
20.10.2021. Since appellant-plaintiff Smt. Adarsh, because of her
advanced old age, is not interest to become a party appellant No.1 to
pursue the appeal, therefore, her name may be allowed to be
transposed as respondent No.3 and appellant-defendant No.2 Smt.
Savita may be allowed to pursue the first appeal against judgment and
decree dated 20.10.2021.
For reasons mentioned hereinabove, appellant-defendant No.2
Smt. Savita is entitled to prefer the first appeal alone against the
judgment and decree dated 20.10.2021, therefore, application is
allowed. Amended cause title, enclosed with application, is taken on
record.
Office may proceed.
(SUDESH BANSAL),J NITIN /27
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