Kanhaya And Ors vs Rasid Mohammad Thr Lrs And Ors ...
2023 Latest Caselaw 6339 Raj/2

[2023:RJ-JP:32148]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 134/2018

1.       Kanhaya Lal S/o Vinya
2.       Maddulal S/o Vinya
3.       Mojiram S/o Vinya
4.       Shrifool S/o Vinya
         All R/o. Vijaypur District & Tehsil SawaiMadhopur
5.       Abdul Rahman S/o Mohammad, R/o Kushtala, Distt. And
         Tehsil Sawai Madhopur.
                                                                   ----Appellants
                                       Versus
1.       Rasid Mohammad S/o Bashir Mohammad B/c Muslim, R/o
         Lakheri, Garampura, Distt. Bundi (Dead) through Lrs
         1/1. Mumtaz W/o Rasid Mohammad
         1/2. Javed S/o Rasid Mohammad, aged 24 years
         1/3. Golu S/o Rasid Mohammad, aged 22 years
         1/4. Saloni D/o Rasid Mohammad, aged 20 years
         All R/o. Lakheri, Garampura, District Bundi
2.       Tikke       Khan    S/o      Basir       Mohammad         R/o   Lakheri,
         Garampura, Distt. Bundi (Hazaf)
3.       Babulal S/o Kajodmal, R/o Vijaypur, Distt. And Tehsil
         Sawai Madhopur.
8.       State Of Rajasthan Through Tehsildar, Sawai Madhopur.
                                                  ----Defendants/Respondents

For Appellant(s)             :    Mr. R.P. Garg
For Respondent(s)            :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

31/10/2023

This Court has, vide order dated 12.09.2023, passed

following order:-

[2023:RJ-JP:32148] (2 of 2) [CSA-134/2018]

"As per the office report, no step has been taken on account of death of appellant no.1 despite taking time from this Court on 18.11.2022.

In view thereof, this civil second appeal stands abated qua him. The question as to whether it stands abated as a whole shall be considered at the time of admission/hearing of the matter."

Heard the learned counsel for the appellants on the issue as

to whether the civil second appeal stands abated as a whole on

account of death of the appellant No.1 in absence of his legal

representatives having been brought on record.

The learned Additional Civil Judge (Senior Division), Sawai

Madhopur has, vide judgment dated 23.07.2008, while decreeing

the suit filed by the respondents/plaintiffs, held the sale deed

dated 19.06.1992 executed by the defendant No.5 in favour of the

defendants No.1 to 4 (the appellants No.1 to 4 herein) to be null

and void. The judgment and decree dated 23.07.2008 has been

affirmed by the learned Additional District Judge, Sawai Madhopur,

while dismissing the appeal preferred by the

appellants/defendants vide judgment and decree dated

13.12.2017.

Since, the decree is joint and inseveral against all the

appellants/defendants, a position not even disputed by the learned

counsel for the appellants, on account of failure on their part to

bring on record the legal representative(s) of the deceased

appellant No.1, this civil second appeal stands abated as a whole

and is dismissed accordingly.

(MAHENDAR KUMAR GOYAL),J Manish/114

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