Rajasthan High Court
Smt Rameshwari Devi vs Krishna Kumar Sharma Andors ... on 6 September, 2023
Bench: Sameer Jain
[2023:RJ-JP:21320]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3560/2008
Smt Rameshwari Devi Widow of Shri Brijniwasdas ji, R/o Royal
Talkies Building, outside Ajmeri Gate, Beawar.
----Petitioner
Versus
1. Krishna Kumar Sharma S/o Brijniwasdas ji, R/o Royal Talkies
Building, outside Ajmeri Gate, Beawar (since Deceased) through
his legal representatives:-
1/1 Smt. Shashi kala W/o Late Shri Krishna Kumar Sharma
½ Nitin Kumar S/o Late Shri Krishna Kumar Sharma
1/3 Smt. Nidhi W/o Shri Mangesh D/o Late Shri Krishna Kumar
Sharma
All R/o 1/103, MIG Housing Board Colony behind Nakoda
Departmental Store, Pratapgarh, Rajasthan
-----Respondent/Plaintiff
2. Krishna Sharma W/o Ramesh Chandra ji Sharma, R/o
Maheshwari Mohalla, Neemach City, Neemach Tehsil and Distt.
Neemach (M.P.)
3. Smt. Kumud Sharma W/o Gaurishankar Sharma D/o Shri
Brijniwasdas ji, R/o Royal Talkies Building, outside Ajmeri Gate,
Beawar
4. Kamal Kumar Sharma S/o Shri Brijniwasdas ji, Brahmin R/o
Royal Talkies Building outside Ajmeri Gate, Beawar.
5. Praveen Kumar S/o Shri Brijniwasdas ji, R/o Royal Talkies
Building, out side Ajmeri Gate, Beawar.
---Defendants/Non-petitioners
6. Addl. District Judge (Fast Track) No. 2, Beawar through its
presiding Officer.
----Proforma Respondent
For Petitioner(s) : Mr. Rajat Ranjan with
Mr. Akshat Chaudhary
For Respondent(s) : Mr. Yellop Singh with
Ms. Alisha Chopra & Mr. Vikram Singh
for
Mr. Suruchi Kasliwal
HON'BLE MR. JUSTICE SAMEER JAIN
Order
06/09/2023
1. By way of present writ petition filed under Article 227 of the
Constitution of India, order dated 07.03.2008, passed by learned
ADJ No. 2, Beawar, is in challenge.
[2023:RJ-JP:21320] (2 of 3) [CW-3560/2008]
2. Learned counsel for the respondents, at the outset, submits
that the sole petitioner died on 03.05.2018 and thereafter the
impleadment application of Mrs. Pushpkanta has also been
dismissed by the learned Trial Court vide order dated 13.07.2023.
Therefore, it is contended that the present writ petition has
become infructuous and an application to that effect (IA No.
2/2023) has also been filed.
3. On perusal of file, it is reflected that on 25.01.1993,
plaintiff/non-petitioner No. 1, filed a civil suit under Order 7 Rule 1
of CPC for partition of the property left by Pandit Brijniwas
Sharma, who was the father of the plaintiff and non-petitioner
Nos. 2 to 5 and husband of the petitioner. The learned trial court
vide its judgment dated 05.09.1994, decreed the suit filed by
plaintiff/non-petitioner No. 1, and it was ordered that all the
parties of the suit are entitled to 1/6th share in the disputed
property. On the date of passing preliminary decree, learned trial
court directed that plaintiff as well as the defendants to deposit
Rs. 2,000/- towards the cost of Commissioner and thereafter, final
decree will be passed. Proceedings were carried out and finally the
impugned order was passed, operative portion of which is
reproduced as below:-
"37- ifj.kker% izkfFkZuh izfrokfnuh la- 2 Jherh d`'.kk "kekZ ds izkFkZuk&i=
fn- 6-12-05 ds laca/k esa ;g vkns"k fn;k tkrk gS fd izdj.k esa fn- 5-11-03
dks tks vafre fu.kZ; o fMØh ikfjr dh xbZ mls iqu% lquokbZ esa yh tkdj
izfrokfnuh la- 02 dk fookfnr laifRr esa tks 1@6 Hkkx gS og mldks ekSds
ij dher o ukbbZ;r ds eku ls fnyokus gsrq dfe"uj fu;qDr dj ekSds ij
izfrokfnuh la- 2 dks mlds fgLlk 1@6 Hkkx dk fookfnr laifRr dk dCtk
dfe"uj ds ek/;e ls uirh djkdj fnyok;k tk;sA"
[2023:RJ-JP:21320] (3 of 3) [CW-3560/2008]
4. Being aggrieved by the said order, present petition was filed
in the year 2008. During the tenure of the present petition, on
03.05.2018, the petitioner died. After her demise, an application
(IA No. 44513/2018) was filed by one Smt. Pushpkanta under
Order 22 Rule 3 of CPC seeking impleadment as legal heir of the
original petitioner (Late Smt. Rameshwari Devi). Similar
applications were also filed by Smt. Pushpkanta before the Trial
Court.
5. Vide order dated 09.05.2023, after considering the order
dated 10.03.2022, 25.07.2022 and 18.01.2023, this Court
directed the Trial Court to decide the applications by purported
legal heirs of the deceased petitioners.
6. Consequently, the Trial Court had dismissed the impleadment
application of Smt. Pushpkanta vide order dated 13.07.2023,
against which a separate writ petition has been filed.
7. Be that as it may, as on date, after the death of the sole
petitioner, no one has the power to appear on her behalf. Smt.
Pushpkanta has no locus to contest the present writ petition on
behalf of the deceased petitioner.
8. The Application (IA No. 2/2023), seeking dismissal of the
present writ petition as having been rendered infructous, for the
reasons stated therein, has to be allowed.
9. Consequently, the present writ petition, on sole account of
death of the petitioner, stands dismissed.
10. Pending application(s), if any, stands disposed of.
(SAMEER JAIN),J
Pooja /273
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