The Court considered an application treating the writ petition as abated due to the death of a respondent and the petitioner's failure to bring legal heirs on record despite prior notice of the death, granting relief to the respondents.
The writ petition is abated and dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR
ORDER
SB Civil Writ Petition No.5317/2011
Jogender Singh versus Rent Appellate Tribunal, Alwar & ors 15.1.2014
HON'BLE MR. JUSTICE MN BHANDARI
Mr Aditya Mathur - for petitioner(s) Mr SR Yadav – for respondents No.3 BY THE COURT:
An application has been moved to take legal heirs of
the petitioner on record. No objection has been raised thereto. Accordingly, application for taking legal heirs of the petitioner on record is allowed. Mr Mathur appears for legal heirs of the petitioner.
Learned counsel for respondent No.3 - Mr SR Yadav submits that respondent No.3-Rukmani Devi has also died and information for the aforesaid was given by submitting an application on 15.12.2012. The petitioner has failed to submit an application to bring legal heirs on record. The writ petition may be treated as abated.
Learned counsel for petitioner (legal heirs) submits
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that his clients did not contact him for filing an application to bring legal heirs of respondent No.3 on record. A week's time is prayed for doing the needful.
I have considered the submissions and find that an application was moved on 15.12.2012 to inform that respondent No.3-Rukmani Devi died on 20.1.2012. It was with a copy to learned counsel for petitioner. No steps have been taken to make application for bringing legal heirs on record. The petitioners are not even paying the rent despite interim order. Now, time is sought for maintaining an application to bring legal heirs of respondent No.3 on record. I am not inclined to grant time as no justification for delay exist now after filing application informing about death of respondent No.3, that too, almost 13 months back.
In view of above, writ petition abates and is dismissed as such. This disposes of the application filed by learned counsel for the respondents.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
1 issue framed by the court
Whether the writ petition abates due to failure to bring legal heirs of deceased respondent No. 3 on record after prior intimation of death.
Jogender Singh (legal heirs)
Rent Appellate Tribunal, Alwar & ors
MN Bhandari
As recorded by the court registry
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