Allowed

Shiv Charan and Another v. U I T Bharatpur and Another

Rajasthan HC17 Jan 2022CSA/919/2011

Case brief

AI extract

What is this about?

The High Court condoned delay in filing miscellaneous applications, set aside abatement of a civil appeal due to appellant death, took legal representatives on record, and subsequently dismissed the appeal upon withdrawal of the suit.

What did the court decide?

Delay condoned; abatement set aside; legal representatives taken on record; second appeal withdrawn and dismissed; concomitant stay applications disposed of.

Shiv Charan and Another Vs U I T Bharatpur… — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Second Appeal No. 919/2011

¶3

Shivcharan S/o Matrelal resident of Kherapati Mohalla, Anah Gate, Bharatpur (since deceased)

¶4

1/1. Shri Yugalkishore Gupta S/o Late Shri Shivcharan, resident of Kherapati Mohalla, Anah Gate, Bharatpur 1/2. Shri Yogesh Gupta S/o Late Shri Shivcharan, resident of Kherapati Mohalla, Anah Gate, Bharatpur

¶5

1/3. Shri Devendra Gupta Late Shri Shivcharan, resident of Kherapati Mohalla, Anah Gate, Bharatpur

¶6

Lakhmichand Son of Matrelal, resident of Kherapati Mohalla, Anah Gate, Bharatpur

¶7

----Appellants

¶8

Versus

¶9

Urban Improvement Trust Bharatpur Through Chairman, Uit Bharatpur

¶10

---Respondent/Plaintiff

¶11

Dr. Veersen son of Devi Singh resident of Station Bazaria, Bharatpur

¶12

----Respondents

¶13

For Appellant(s)	:	Mr. Mudit Singhvi, Advocate for Mr.
		Vineet Mehta, Advocate through VC
For Respondent(s)	:	Mr. LL Gupta, Advocate through VC

¶14

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

¶15

17/01/2022

¶16

S.B. Civil Misc. Application Nos. 2/2021, 3/2021 and 4/2021.

¶17

Matter come up on application (No. 4/2021) under Section 5 of the Limitation Act for condoning the delay in filing the applications and on applications (Nos.2/2021 and 3/2021) under Order 22 Rule 3 and 9 CPC and for setting aside abatement and for taking on record the legal representatives of the deceased Appellant No.1 Shivcharan, who expired on 06.08.2018.

(2 of 2)

[CSA-919/2011]

Heard. Considered.

For the reasons mentioned in the application, the

¶22

application under Section 5 of the Limitation Act is allowed, the delay in filing the applications is condoned and application (No.3/2021) under Order 22 Rule 9 CPC is also allowed and the abatement of the second appeal as against the deceased appellant No. 1 Shivcharan is set aside.

¶23

Application (No.2/2021) under Order 22 Rule 3 CPC is allowed for the reasons mentioned therein and the legal heirs/representatives of appellant No. 1-Shivcharan, detailed in para two of the application, are taken on record. Amended cause title, which has already been filed, is also taken on record.

¶24

S.B. Civil Misc. Application No. 1/2021

¶25

Matter comes up on an application (No.1/2021) for withdrawal of the instant second appeal.

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Learned counsel for the appellant submits that the applicants/appellants do not want to pursue the second appeal and seeks permission to withdraw the second appeal.

¶27

Heard. Considered.

¶28

For the reasons mentioned in the application, the application is allowed and the second appeal is dismissed as withdrawn.

¶29

Consequent upon dismissal of the second appeal, interim order, if any, stands vacated and the stay application and other pending application, filed therewith, also stand disposed of.

¶30

(PRAKASH GUPTA),J

¶31

MR/27

Shiv Charan and Another v. U I T Bharatpur and Another

Case brief

What is this about?

What did the court decide?

Shiv Charan and Another v. U I T Bharatpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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