Dismissed

Mool Chand Sharma v. Babu Lal Sharma

Rajasthan HC17 Aug 2022CFA/115/2007

Case brief

AI extract

What is this about?

In this first appeal regarding eviction dismissed at the trial court, the High Court allowed the respondent's application to substitute the deceased appellant's daughter as legal representative and subsequently allowed the appellant's application to withdraw the appeal, dismissing it as withdrawn.

What did the court decide?

Applications for impleading the legal representative and withdrawal of the appeal allowed; appeal dismissed as withdrawn.

Mool Chand Sharma Vs Babu Lal Sharma — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No.115/2007

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Mool Chand Sharma S/o Shri Mangi Lal Sharma, R/o Plot No.9-B, Vishveshwariya Nagar Extension, Near Triveni Nagar, Gopalpura Byepass, Jaipur, Distt. Jaipur (Raj.). Since deceased through his legal heir:

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1/1 Smt. Geeta Devi W/o Shri Jagdish Narayan Sharma D/o Mool Chand Sharma aged about 55 years resident of 65 Himmat Nagar Gopalpura bypass, Jaipur

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----Plaintiff-Appellant

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Versus

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Babu Lal Sharma S/o Shri Mool Chand Sharma, R/o Plot No.161, Vishveshwariya Nagar-II Jaipur, Near Triveni Nagar, Gopalpura byepass, Jaipur Distt. Jaipur (Raj.)

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----Defendant-Respondent

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For Appellant(s) : Mr. Rohan Agarwal For Respondent(s) : Mr. Nitesh pareek for Mr. A.K. Bajpai

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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17/08/2022

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Present first appeal arises out of a civil suit for eviction filed by father against his son and which was dismissed vide impugned judgment dated 18.10.2006 by Additional District Judge (Fast Track) No.4, Jaipur City, Jaipur in Civil Suit No.56/2005.

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During pendency of first appeal, it appears that plaintiff Mool Chand Sharma has passed away.

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An application (I.A. No.1/2022) has been filed by respondent under Order 22 Rule 10A CPC for information regarding the death of appellant-Shri Mool Chand Sharma. Death certificate is enclosed with the application.

¶15

Another application (I.A. No.2/2022) has been filed by applicant under Order 22 Rule 3 CPC for taking legal heirs of deceased appellant on record.

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Son and daughter of deceased appellant are his legal heirs but son is also party as respondent, therefore, daughter has moved

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(2 of 2)

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[CFA-115/2007]

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application for her impleadment as legal representative of deceased appellant-plaintiff.

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Another application (I.A. No.3/2022) has been filed by appellant under Order 23 Rule 1 CPC for withdrawal of this first appeal.

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Heard counsel for both parties on applications.

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Respondent has no objection in allowing the application No.2/2022 and substituting the daughter of deceased appellant as his legal representative.

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Thus, the application No.2/2022 is allowed.

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Since the application for withdrawal of appeal has been filed on behalf of appellant and respondent has no objection, therefore, application No.3/2022 is also allowed. As a result, the first appeal is dismissed as withdrawn.

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All pending application(s), if any, stand(s) disposed of.

¶26

Record be sent back.

¶27

(SUDESH BANSAL),J

¶28

SAURABH/49

Mool Chand Sharma v. Babu Lal Sharma

Case brief

What is this about?

What did the court decide?

Mool Chand Sharma v. Babu Lal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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