The High Court of Rajasthan at Jodhpur dismissed the writ petition by a single judge who observed that the legal representatives of a deceased respondent were not brought on record despite prior opportunity, rendering further orders unnecessary.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1688 / 2009
Kamlesh Kumar S/o Heeralal Ji Soni, Aged 34 years, By caste Sunar, Resident of Nadol, Tehsil Desuri, District Pali.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. N.A. Rajpurohit
For Respondent(s) : Mr. R.S. Mali
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
13/09/2017
This Court on 11.07.2016 has granted time to the learned counsel for the petitioner to file appropriate application for bringing on record the legal representatives of respondent No.1, who expired some time back.
Till date, no application for bringing on record the legal representatives of respondent No.1 is file on behalf of the petitioner.
Learned counsel for the parties have also informed this Court that civil suit filed by the respondent No.1 with a prayer for restraining the petitioner from raising any construction has already been decreed and the appeal against the judgment of the civil suit is pending with the appellate court.
(2 of 2)
[CW-1688/2009]
In view of the fact that the legal representatives of the respondent no.1 has not been brought on record despite opportunity given to the learned counsel for the petitioner and a decree of civil court has passed against the petitioner restraining him from raising any construction on the disputed site, no further order is required to be passed in this writ petition and the same is hereby dismissed.
Stay petition also stands dismissed.
(VIJAY BISHNOI)J.
Abhishek Kumar S.No.36
Kamlesh Kumar S/o Heeralal Ji Soni
Ajayraj S/o Sagarmal
Gram Panchayat Nadol
District Collector, Pali
VIJAY BISHNOI
As recorded by the court registry
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