Amply accepted applications to add legal representatives of deceased petitioner and respondent. Held that since suit on same subject matter is already pending, writ proceedings are closed with rights governed by civil court.
Applications to add legal representatives allowed; writ petition closed as civil proceedings pending.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 2900/2004
Prahlad Das son of Ram Chandra, aged about 55 years, By Caste Daroga, Resident of Toda Raisingh, distt. Tonk
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Praveen Jain For Respondent(s) : Mr. N. K. Maloo, Sr. Counsel with Mr. N. K. Singhal Mr. Anil Tiwari
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
13/11/2018
IN IA No. 32013/2018:-
The matter comes up on an interim application number 32013/2018, with a prayer to take on record the legal representatives of the petitioner-Prahlad Das, who died on 30th November, 2014.
For the reasons detailed out in the memo of the interim application and upon hearing the learned ucounsel for the applicant as well as having regard to the nature of the controversy involved; the application merits acceptance.
(2 of 3) [CW-2900/2004]
Consequently, the application is allowed. The legal representatives of the deceased petitioner, shall be taken on record.
The amended cause title enclosed with the application shall be taken on record and arranged at appropriate place, in the record of the case file.
IN IA No. 31998/2018:-
The matter comes up on an interim application number 31998/2018, with a prayer to take on record the legal representatives of the respondent- Gulab Shanker, who died on 11th September, 2014.
For the reasons detailed out in the memo of the interim application and upon hearing the learned counsel for the applicant as well as having regard to the nature of the controversy involved; the application merits acceptance.
Consequently, the application is allowed. The legal representatives of the deceased petitioner, shall be taken on record.
The amended cause title enclosed with the application shall be taken on record and arranged at appropriate place, in the record of the case file.
In Writ Petition:-
Learned counsel for the parties are not in dispute on the factual matrix that on the same subject matter suit proceedings instituted in the year 1998, have been adjudicated upon and the decree and order have been subjected to appeal.
For on the same subject matter proceedings are already pending; instant writ proceedings are closed with the observation
(3 of 3)
[CW-2900/2004]
that rights of the parties would be governed by the adjudication
that may be made by the courts already seized of the matter.
Interim order, if any, shall stand vacated. Instant writ proceedings stand closed for the reason
aforesaid.
(VEERENDR SINGH SIRADHANA),J
Pooja/115
2 issues framed by the court
Whether legal representatives of deceased parties can be added to the record.
Whether pending civil proceedings allow the closure of instant writ proceedings.
Prahlad Das
Gulab Shanker
Municipality Toda Raisingh
Additional District Collector, Tonk
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
