Citation : 2023 Latest Caselaw 8331 Raj
Judgement Date : 10 October, 2023
[2023:RJ-JD:34142]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 520/2012
Prakash Kaur W/o Shri Baldev Singh, aged 75 years, B/c Kamboj Sikh, R/o Chak 14 G.B. Tehsil Sri Vijaynagar, District Sri Ganganagar.
----Appellant Versus
1. Jeet Singh S/o Shri Hari Singh, B/c Kamboj Sikh, R/o Chak 14 G.B. Tehsil Sri Vijaynagar District Sri Ganganagar since dead through his legal representatives: 1/1. Veer Virendra Singh adopted son of Late Shri Jeet Singh B/c Kamboj Sikh R/o Chak 14 G.B. Tehsil Sri Vijaynagar District Sri Ganganagar though his next friend Deedar Singh (being his maternal grand-father) S/o Shri Ganga Singh B/c Kamboj Sikh, R/o 73 R.B. Tehsil Raisinghnagar District Sri Ganganagar.
----Respondent
For Appellant(s) : Mr. B.M. Aggarwal For Respondent(s) : Mr. Rajendra Soni
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
10/10/2023
1. In the present matter, an application was filed by the
respondent on 25.01.2023, where it was submitted that the
appellant has expired on 13.03.2022 and the appeal be abated as
no steps for substitution of the legal representatives of deceased
appellant have been taken. The copy of the said application was
served on learned counsel for the appellant which is an admitted
fact but no steps were taken.
2. An application on 06.07.2023 was filed on behalf of the
respondent for early hearing of the matter and it was again stated
[2023:RJ-JD:34142] (2 of 2) [CFA-520/2012]
that in view of the fact that no steps qua deceased appellant have
been taken, the appeal be dismissed as having abated.
3. After the said application having been filed, when the matter
was listed on 06.04.2023 and further on 09.10.2023, none
appeared for the appellant and hence, the matter was directed to
be listed today i.e. on 10.10.2023.
4. In view of the fact that the appellant has expired on
13.03.2022 and despite information being given by learned
counsel for the appellant, no steps qua her have been taken, the
present appeal is dismissed as having abated.
5. All pending applications, if any, also stands disposed of.
(REKHA BORANA),J 702-KashishS/-
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