Dismissed

Vijay Kumar and Ors. v. Neeraj Kumar and Ors.

Rajasthan HC12 Apr 2023CFA/96/2016

Case brief

AI extract

What is this about?

Two civil appeals regarding administration of a deceased's estate, having become infructuous due to a verified compromise deed, were disposed of by the single judge. The plea of compromise in the first appeal led to dismissal of the present appeal connected to it.

What did the court decide?

First Appeal allowed on compromise; Connected Appeal dismissed as infructuous; Pending applications disposed of. Will declared null and void as per compromise.

Vijay Kumar and Ors. Vs Neeraj Kumar and Ors. — Succession and Inheritance | Rajasthan HC (2023)

¶1

[2023/RJJD/009721]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil First Appeal No. 96/2016

¶4

Vijay Kumar son of shri Jhaman Lal, aged about 38 years, by caste Soni, resident of Ward No.6, Padampur, District Sri Ganganagar.

¶5

Vikas Kumar son of Shri Vijay Kumar, by caste Soni, resident of Ward No.6, Padampur, District Sri Ganganagar.

¶6

Vishal Kumar son of Shri Vijay Kumar, by caste Soni, resident of Ward No.6, Padampur, District Sri Ganganagar.

¶7

Smt. Urmila Devi daughter of Shri Jhaman Lal wife of Shri Satyanarayan Soni, by caste Soni, resident of C/o Jhambhuwal Jewelers, Ghanta Ghar Chowk, Sirasa

¶8

Smt. Nirmala Devi daughter of Shri Jhaman Lal wife of Shri Surendra Kumar Soni, by caste Soni, resident of Opposite Panchayat Samiti, Chidawa, District- Jhunjhunu

¶9

Smt. Tara Devi wife of Shri Vijay Kumar, by caste Soni, resident of Ward No.6, Padampur, District Sri Ganganagar.

¶10

----Appellants

¶11

Versus

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Neeraj Kumar son of late Shri Murari Lal, by caste Soni, resident of Padamur, Tehsil-Padampur, District Sri Ganganagar. At present 40 K Block, Sri Ganganagar.

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Rajasthan State Industrial Development & Investment Corporation Ltd. Udhyog Bhawan, Tilak Marg, Jaipur. Through Senior Regional Manager, Rajasthan State Industrial Development & Investment Corporation Ltd., Udhyog Vihar, Sri Ganganagar

¶14

Smt. Rajani Devi wife of late Shri Murari Lal now wife of Shri Surendra Kumar, by caste Soni, resident of Rawatsar, District Hanumangarh

¶15

----Respondents

¶16

Connected With

¶17

S.B. Civil Misc. Appeal No. 1415/2016

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Vikas Soni son of Shri Vijay Kumar Soni, by caste Soni, resident of Ward No.6, Padampur, District Sri Ganganagar.

¶19

Vishal Soni son of Shri Vijay Kumar Soni, by caste Soni, resident of Ward No.6, Padampur, District Sri Ganganagar. 3. Smt. Tara Devi wife of Shri Vijay Kumar Soni, by caste Soni, resident of Ward No.6, Padampur, District Sri Ganganagar.

¶20

Vijay Kumar Soni son of shri Jhaman Lal, by caste Soni,

¶21

(2 of 3) [CFA-96/2016]

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[2023/RJJD/009721]

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resident of Ward No.6, Padampur, District Sri Ganganagar.

¶24

----Appellants

¶25

Versus

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Neeraj Kumar son of late Shri Murari Lal, by caste Soni, resident of Padamur, Tehsil-Padampur, District Sri Ganganagar. At present 40 K Block, Sri Ganganagar.

¶27

----Respondent

¶28

For Appellant(s)	: Mr. J.K. Bhaiya
For Respondent(s)	: Mr. Sandeep Bishnoi
	Mr. Jagdish Vyas

¶29

HON'BLE MS. JUSTICE REKHA BORANA

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Order

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12/04/2023

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In S.B. Civil First Appeal No.96/2016

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An application has been preferred on behalf of the appellants with the submission that the parties have entered into a compromise and the present appeal may be disposed of in terms of the compromise. The compromise as entered into between the parties have been placed on record alongwith the application. Vide order dated 10.04.2023, Registrar (Judicial) of this Court was directed to verify the compromise and in pursuance to the same, the compromise has been verified on 10.04.2023 by the Registrar (Judicial) of this Court.

¶34

In view of the said verification and in view of the compromise as entered into between the parties, the present appeal is disposed of in terms of the settlement/compromise deed.

(3 of 3)

[2023/RJJD/009721]

[CFA-96/2016]

In S.B. Civil Misc. Appeal No.1415/2016

¶39

The present appeal has been preferred against the judgment dated 21.03.2016 whereby the application under Section 383 of the Hindu Succession Act, 1956 as preferred by the applicant was allowed and letter of administration dated 11.12.2008 was revoked.

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In the connected first appeal No.96/2016, a compromise deed as entered into between the parties has been placed on record and today, in terms of the said compromise, the appeal has been disposed of. Vide the impugned judgment and decree in the said appeal, the will qua which the letter of administration had been issued had been declared to be null and void.

¶41

As the first appeal No.96/2016 itself has been disposed of in terms of the compromise between the parties, no lis would evidently now survive in the present appeal also and therefore, the same is dismissed as having become infructuous.

¶42

All the pending applications stand disposed of.

¶43

(REKHA BORANA),J

¶44

35,36-T.Singh/-

Vijay Kumar and Ors. v. Neeraj Kumar and Ors.

Case brief

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Vijay Kumar and Ors. v. Neeraj Kumar and Ors.

Case brief

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