Dismissed

Surendra Mohan S/O Shri Shivdayal, v. Alibux Khan S/O Sandal Khan

Rajasthan HC11 Nov 2024CSA/992/2011

Case brief

AI extract

What is this about?

This judgment concerns a civil second appeal involving substitution of legal representatives for a deceased respondent and withdrawal of the appeal. The court allowed substitution applications and dismissed the appeal as withdrawn following a compromise.

What did the court decide?

Legal representatives of deceased respondent substituted; civil second appeal dismissed as withdrawn.

Surendra Mohan S/O Shri Shivdayal, Vs Alibux Khan S/O… — Specific Performance | Rajasthan HC (2024)

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[2024:RJ-JP:46576]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 992/2011

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Surendra Mohan S/o Shri Shivdayal, R/o Baswa, Distt. Dausa Presently Residing At 37, Shivaji Nagar, Behind Civil Lines, Bungalow No. 382, Jaipur

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Rajendra Prasad Paliwal S/o Shri Shiv Dayal, R/o Baswa, District Dausa Presently Residing At 411 A Kateva Nagar, New Sanganer Road, Near Gurjar Ki Thadi, Jaipur (Since Deceased) Through Legal Representatives

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2/1 Vidhya Devi Paliwal W/o Late Shri Rajendra Prasad Paliwal, R/o Baswa, District Dausa At Present Residing At 411 ‘A’ Katewa Nagar, New Sanganer Road, Near Gurjar Ki Thadi, Jaipur

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---Contesting Defendants/Appellants

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Versus

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AliBux Khan S/o Sandal Khan (since Deceased) Through Legal Representatives:-

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1/1 Abdul Jabbar Rangrej S/o Late Alibux Khan, R/o 310, J.p. Colony, Sector 3, Amanishah Dargah Ke Pass, Shastri Nagar, Jaipur, Rajasthan

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1/2 Abdul Rajjak Rangrej S/o Late Alibux Khan, R/o 345, J.d.a Colony, Vatika Road, Govindpura, Sanganer, Jaipur.

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1/3 Abdul Sattar Rangrej S/o Late Alibux Khan, R/o 518/99, J.p. Colony, Sector-3, Amanishah Dargah Ke Pass, Shastri Nagar, Jaipur Rajasthan.

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1/4 Abdul Gaffor Rangrej S/o Late Alibux Khan, R/o Bassi, District Dausa.

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...Plaintiff-Respondents

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Radhey Shyam S/o Shri Ram Prasad, R/o Baswa, District Dausa Presently Residing At Lavkush Nagar-Ii, Plot No. 32, Tonk Phatak, Jaipur.

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Munnalal S/o Shri Mahadev, R/o Near Kalyan Ji Ka Mandir, Purani Sabji Mandi, Kotputli, District Jaipur.

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Om Prakash S/o Shri Mahadev, R/o 22, Mahaveer Colony, Near Cooler Factory, Kartarpura, Jaipur.

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Smt. Mamta Devi W/o Shri Roopkishore, R/o 909, Barkat Nagar, Kishan Marg, Tonk Phatak, Jaipur.

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---Performa-Respondents

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[2024:RJ-JP:46576]

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[CSA-992/2011]

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2024:RJ-JP:46576]		(2 of 2)
For Appellant(s)	: Mr. Mr.	Naman Yadav for PankajGupta
For Respondent(s)	: Mr.	Mohit Gupta

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Judgment / Order

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11/11/2024

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Considered application Nos.3/2023 and 4/2023 filed under Order 22 Rule 4 and 9 CPC and Section 5 of the Limitation Act.

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After death of respondent No.1 Ali Bux Khan on 10.11.2020, applications to substitute legal representatives as proposed in the application is filed and in light of judgment of this Court passed in the case of Dinesh Kumar & anr. vs. Shiv Taj Singh and Ors. (S.B. Civil First Appeal No.289/2001 dated 16.11.2023) , the applications are allowed. The legal representatives as proposed in the application are taken on record and substituted in place of deceased respondent No.1 after condonation of delay and setting aside of abatement.

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The applications stands disposed of.

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Amended cause title is taken on record.

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Learned counsel for the appellants moved an application no.1/2024 under Section 151 CPC for permission to withdraw the CSA in light of compromise between the parties.

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Considered the submissions.

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The civil second appeal is dismissed as withdrawn.

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Miscellaneous application, if any stands disposed of.

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(ASHOK KUMAR JAIN),J

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DIKSHA /55

Surendra Mohan S/O Shri Shivdayal, v. Alibux Khan S/O Sandal Khan

Case brief

What is this about?

What did the court decide?

Surendra Mohan S/O Shri Shivdayal, v. Alibux Khan S/O Sandal Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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