Dismissed

Smt Rameshwari Devi v. Krishna Kumar Sharma Andors

Rajasthan HC6 Sept 2023CW/3560/2008

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a family partition petition originally filed in 2008, finding it infructuous following the death of the sole petitioner in 2018, as no legal representative possessed the necessary locus standi to continue the proceedings.

What did the court decide?

The Application seeking dismissal of the writ petition as having been rendered infructuous, was allowed, and the writ petition was dismissed.

Smt Rameshwari Devi Vs Krishna Kumar Sharma Andors — Partition | Rajasthan HC (2023)

¶1

[2023:RJ-JP:21320]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 3560/2008

¶4

Smt Rameshwari Devi Widow of Shri Brijniwasdas ji, R/o Royal Talkies Building, outside Ajmeri Gate, Beawar.

¶5

----Petitioner

¶6

Versus

¶7

Krishna Kumar Sharma S/o Brijniwasdas ji, R/o Royal Talkies Building, outside Ajmeri Gate, Beawar (since Deceased) through his legal representatives:-

¶8

1/1 Smt. Shashi kala W/o Late Shri Krishna Kumar Sharma ½ Nitin Kumar S/o Late Shri Krishna Kumar Sharma 1/3 Smt. Nidhi W/o Shri Mangesh D/o Late Shri Krishna Kumar Sharma

¶9

All R/o 1/103, MIG Housing Board Colony behind Nakoda Departmental Store, Pratapgarh, Rajasthan

¶10

-----Respondent/Plaintiff

¶11

Krishna Sharma W/o Ramesh Chandra ji Sharma, R/o Maheshwari Mohalla, Neemach City, Neemach Tehsil and Distt. Neemach (M.P.)

¶12

Smt. Kumud Sharma W/o Gaurishankar Sharma D/o Shri Brijniwasdas ji, R/o Royal Talkies Building, outside Ajmeri Gate, Beawar

¶13

Kamal Kumar Sharma S/o Shri Brijniwasdas ji, Brahmin R/o Royal Talkies Building outside Ajmeri Gate, Beawar.

¶14

Praveen Kumar S/o Shri Brijniwasdas ji, R/o Royal Talkies Building, out side Ajmeri Gate, Beawar.

¶15

---Defendants/Non-petitioners

¶16

Addl. District Judge (Fast Track) No. 2, Beawar through its presiding Officer.

¶17

----Proforma Respondent

¶18

For Petitioner(s) : Mr. Rajat Ranjan with Mr. Akshat Chaudhary For Respondent(s) : Mr. Yellop Singh with Ms. Alisha Chopra & Mr. Vikram Singh for Mr. Suruchi Kasliwal

¶19

HON'BLE MR. JUSTICE SAMEER JAIN

¶20

Order

¶21

06/09/2023

¶22

By way of present writ petition filed under Article 227 of the Constitution of India, order dated 07.03.2008, passed by learned ADJ No. 2, Beawar, is in challenge.

[2023:RJ-JP:21320]

[CW-3560/2008]

(2 of 3)

Learned counsel for the respondents, at the outset, submits that the sole petitioner died on 03.05.2018 and thereafter the impleadment application of Mrs. Pushpkanta has also been dismissed by the learned Trial Court vide order dated 13.07.2023. Therefore, it is contended that the present writ petition has become infructuous and an application to that effect (IA No. 2/2023) has also been filed.

¶27

On perusal of file, it is reflected that on 25.01.1993, plaintiff/non-petitioner No. 1, filed a civil suit under Order 7 Rule 1 of CPC for partition of the property left by Pandit Brijniwas Sharma, who was the father of the plaintiff and non-petitioner Nos. 2 to 5 and husband of the petitioner. The learned trial court vide its judgment dated 05.09.1994, decreed the suit filed by plaintiff/non-petitioner No. 1, and it was ordered that all the parties of the suit are entitled to 1/6th share in the disputed property. On the date of passing preliminary decree, learned trial court directed that plaintiff as well as the defendants to deposit Rs. 2,000/- towards the cost of Commissioner and thereafter, final decree will be passed. Proceedings were carried out and finally the impugned order was passed, operative portion of which is reproduced as below:-

¶28

“37ifj.kker% izkfFkZuh izfrokfnuh la- 2 Jherh d`’.kk “kekZ ds izkFkZuk&i= fn- 6-12-05 ds laca/k esa ;g vkns”k fn;k tkrk gS fd izdj.k esa fn- 5-11-03 dks tks vafre fu.kZ; o fMØh ikfjr dh xbZ mls iqu% lquokbZ esa yh tkdj izfrokfnuh la- 02 dk fookfnr laifRr esa tks 1@6 Hkkx gS og mldks ekSds ij dher o ukbbZ;r ds eku ls fnyokus gsrq dfe”uj fu;qDr dj ekSds ij izfrokfnuh la- 2 dks mlds fgLlk 1@6 Hkkx dk fookfnr laifRr dk dCtk dfe”uj ds ek/;e ls uirh djkdj fnyok;k tk;sA”

[2023:RJ-JP:21320]

[CW-3560/2008]

(3 of 3)

Being aggrieved by the said order, present petition was filed in the year 2008. During the tenure of the present petition, on 03.05.2018, the petitioner died. After her demise, an application (IA No. 44513/2018) was filed by one Smt. Pushpkanta under Order 22 Rule 3 of CPC seeking impleadment as legal heir of the original petitioner (Late Smt. Rameshwari Devi). Similar applications were also filed by Smt. Pushpkanta before the Trial Court.

¶33

Vide order dated 09.05.2023, after considering the order dated 10.03.2022, 25.07.2022 and 18.01.2023, this Court directed the Trial Court to decide the applications by purported legal heirs of the deceased petitioners.

¶34

Consequently, the Trial Court had dismissed the impleadment application of Smt. Pushpkanta vide order dated 13.07.2023, against which a separate writ petition has been filed. 7. Be that as it may, as on date, after the death of the sole petitioner, no one has the power to appear on her behalf. Smt. Pushpkanta has no locus to contest the present writ petition on behalf of the deceased petitioner.

¶35

The Application (IA No. 2/2023), seeking dismissal of the present writ petition as having been rendered infructous, for the reasons stated therein, has to be allowed.

¶36

Consequently, the present writ petition, on sole account of death of the petitioner, stands dismissed.

¶37

Pending application(s), if any, stands disposed of.

¶38

(SAMEER JAIN),J

¶39

Pooja /273

Smt Rameshwari Devi v. Krishna Kumar Sharma Andors

Case brief

What is this about?

What did the court decide?

Smt Rameshwari Devi v. Krishna Kumar Sharma Andors

Case brief

What is this about?

What did the court decide?

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