Ajmer Vidhyut Vitran Nigam Ltd vs Teeju Devi
2023 Latest Caselaw 4723 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 61/2023

1. Ajmer Vidhyut Vitran Nigam Ltd., Through Karyakari Prabandhak, Purana Power House, Ajmer.

2. Ajmer Vidhyut Vitran Nigam Limited, Through Adhikshan Abhiyanta, Nagaur.

3. Ajmer Vidhyut Vitran Nigam Limited, Through Assistant Engineer, Kuchaman City, District Nagaur.

4. Ajmer Vidhyut Vitran Nigam Limited, Through Junior Engineer, Kukanwali, Tehsil Kuchaman City, District Nagaur, Rajasthan.

----Appellants Versus

1. Teeju Devi W/o Joraram, (Died 30-09-2022), Resident Of Kakot, Tehsil Kuchaman City, District Nagaur, Rajasthan.

2. Keshar Devi D/o Joraram, Resident Of Kakot, Tehsil Kuchaman City, District Nagaur, Rajasthan.

3. Arjunram S/o Joraram, Resident Of Kakot, Tehsil Kuchaman City, District Nagaur, Rajasthan.

4. Bhinvaram S/o Joraram, Resident Of Kakot, Tehsil Kuchaman City, District Nagaur, Rajasthan.

5. Shrawan Ram S/o Joraram, Resident Of Kakot, Tehsil Kuchaman City, District Nagaur, Rajasthan.

----Respondents

For Appellant(s) : Mr. Rajkumar Gahlot For Respondent(s) : Mr. G.S. Rathore

HON'BLE MS. JUSTICE REKHA BORANA

Order

16/05/2023

1. Heard.

Admit. Issue notice. Issue notice of the stay application also.

(2 of 2) [CFA-61/2023]

Notices need not be issued as the respondents are already

represented by their counsel.

2. Heard on the stay petition.

The execution of the impugned judgment and decree dated

23.11.2022 passed by the Additional District Judge, Kuchaman

City, District Nagaur in Fatal Accident (Civil Suit) No.50/2021 CIS

No.50/2021, shall remain stayed subject to the appellants

depositing 60% of the decreetal amount along with interest with

the learned Court below within a period of two months. The

amount when deposited, be disbursed to the claimants in terms of

the orders to be passed/passed by the learned Court below.

If the amount is not deposited within the prescribed period,

the present interim order shall cease to exist.

3. Learned counsel for the appellants submits that respondent

no.1 Teeju Devi had expired during trial proceedings itself and all

her legal representatives are already on record. He therefore,

prayed for deletion of the name of respondent No.1.

4. In view of the same, let name of respondent. no.1 be

deleted from the array of the respondents at the risk of

appellants. Amended cause title be filed within a period of one

week.

Office to make online amendment thereafter.

Stay petition stands disposed of.

(REKHA BORANA),J 5-Vij/-

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