Dismissed

Deepa and Anr. v. Girdhari and Anr.

Rajasthan HC5 Dec 2023CFA/82/2001

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for condonation of delay under Section 5 of the Limitation Act and permitted the substitution of legal representatives under Order 22 Rules 4 and 9 CPC. The appeal was subsequently dismissed as withdrawn upon admission of amicable settlement between parties.

What did the court decide?

Condonation of stay allowed; substitution of legal representatives permitted; appeal dismissed as withdrawn.

Deepa and Anr. Vs Girdhari and Anr. — Property and Title | Rajasthan HC (2023)

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[2023:RJ-JD:42227]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil First Appeal No. 82/2001

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Lrs of Deepa Ji S/o Sh. Heera Ji

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1/1. Sh. Hemraj S/o Late Deepa Ji, aged 88 years

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1/2. Sh. Devraj S/o Late Deepa Ji, aged 56 years

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1/3. Sh. Nainmal S/o S/o Late Deepa Ji, aged 53 years

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1/4. Sh. Dhanpatraj S/o Late Deepa Ji, aged 47 years

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All by caste Suthar, R/o Sadari, Tehsil Desure, District Pali. 2. Sh. Hema S/o Late Deepa Ji, aged 88 years, b/c Suthar, R/o Sadari, Tehsil Desuri, District Pali.

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----Appellants

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Versus

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Lrs of Girdhari Ji S/o Sh. Heera Ji

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1/1. Moolchand S/o Late Sh. Girdhari Ji

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1/2. Om Prakash S/o Late Sh. Girdhari Ji

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1/3. Pukhraj S/o Late Sh. Girdhari Ji

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All b/c Suthar and residents of Ranakpur Road, Village Sadri, Tehsil Desuri, District Pali. 1/4. Kantilal S/o Late Sh. Girdhari Ji, B/c Suthar and Resident of Lakha Ji ka Bas, Village Sadri, Tehsil Desuri, District Pali.

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Moola S/o Late Sh. Girdhari Ji, b/c Suthar, resident of Ranakpur Road, Village Sadri, Tehsil Desuri, District Pali.

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----Respondents

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For Appellant(s)	: Mr.	Nishant Bapna
For Respondent(s)	: Mr.	Suresh Kumar Maru

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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05/12/2023

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Application under Order 22 Rule 4 & 9, CPC has been filed for substitution of the legal representatives of deceased respondent No.1 Sh. Girdhari. As per the office report, the service on all the legal representatives is complete.

[2023:RJ-JD:42227]

[CFA-82/2001]

(2 of 2)

An application under Section 5 of the Limitation Act for condonation of delay caused in filing the said application has also been moved.

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For the reasons stated in the application under Section 5 of the Limitation Act, the same is allowed. The delay caused in filing the application is condoned.

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For the reasons stated in the application under Order 22 Rule 4 & 9, CPC, the same is allowed. The legal representatives of deceased respondent No.1 Sh. Girdhari are permitted to be taken on record. Abatement qua them if any, is set aside.

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Amended cause title as filed is taken on record.

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An application has been filed on behalf of the appellants for withdrawal of the present appeal with the submission that an amicable settlement has been entered into between the parties.

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Learned counsel for the respondents does not refute the said submission rather he admits that a settlement has arrived into between the parties.

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In view of the submission made, the permission as prayed for is granted.

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Accordingly, the present appeal is dismissed as withdrawn.

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All pending applications, if any, stand disposed of.

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(REKHA BORANA),J

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77-KashishS/-

Deepa and Anr. v. Girdhari and Anr.

Case brief

What is this about?

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Deepa and Anr. v. Girdhari and Anr.

Case brief

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What did the court decide?

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