Disposed

Shankar Lal Son of Bhoma Ram v. Aam Janta Amrawali Dhani, Kishangarh Renwal 1. Radhey Shayam Son of Pemraj

Rajasthan HC28 Aug 2024CW/10225/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order allowing legal representatives to be substituted in a pending civil appeal. The court granted liberty to contest the leave to appeal and disposed of other pending stay applications without further interference.

What did the court decide?

Liberty granted to contest the application for leave to appeal before the Appellate Court; impugned order not interfered with.

Shankar Lal Son of Bhoma Ram Vs Aam Janta… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:35969]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10225/2024

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Shankar Lal Son Of Bhoma Ram, (Since Deceased, Through Legal Representatives)-

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1/1. Prabhati Devi Wife Of Late Sh. Shankar Lal, Resident Of Amrawali Dhani, Tan Kishangaryh Renwal, District Jaipur.

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1/2. Kaluram Son Of Late Sh. Shankar Lal, Resident Of Amrawali Dhani, Tan Kishangaryh Renwal, District Jaipur.

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1/3. Chhigan Lal Son Of Late Sh. Shankar Lal, Resident Of Amrawali Dhani, Tan Kishangaryh Renwal, District Jaipur.

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1/4. Vimla Devi Daughter Of Late Sh. Shankar Lal Wife Of Dr. Bajrang Lal, Resident Of Rampura Dabri, Jaipur.

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1/5. Munni Devi Daughter Of Late Sh. Shankar Lal Wife Of Late Dh. Shankar Lal, Resident Of Surera Madha, Dantramgarh, District Sikar.

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1/6. Sagneeta Daughter Of Late Sh. Shankar Lal Wife Of Gauri Shankar, Resident Of Meenda, Tehsil Nawa, District Kuchaman- Deedwana.

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----Petitioners-Plaintiffs

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Versus

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Aam Janta Amrawali Dhani, Kishangarh Renwal 1. Radhey Shayam Son Of Pemraj, Resident Of Amrawali Dhani, Kishangarh Renwal, Tehsil Phulera, District Jaipur.

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Shivbhagwan Son Of Maliram, Resident Of Amrawali Dhani, Kishangarh Renwal, Tehsil Phulera, District Jaipur.

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Ramdev Son Of Bhanwar Lal, Resident Of Amrawali Dhani, Kishangarh Renwal, Tehsil Phulera, District Jaipur.

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Mamraj Son Of Mangal Chand, Resident Of Amrawali Dhani, Kishangarh Renwal, Tehsil Phulera, District Jaipur.

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Mangal Chand Son Of Godhuram, Resident Of Amrawali Dhani, Kishangarh Renwal, Tehsil Phulera, District Jaipur.

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Devi Sahay Son Of Ram Chandra, Resident Of Amrawali Dhani, Kishangarh Renwal, Tehsil Phulera, District Jaipur.

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Bhanwar Lal Son Of Baluram, Resident Of Amrawali Dhani, Kishangarh Renwal, Tehsil Phulera, District Jaipur.

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Nagar Palika Mandal, Kishangarh Renwal ,district Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. Surendra Singh
For Respondent(s)	:

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HON'BLE MR. JUSTICE SUDESH BANSAL

Order

[2024:RJ-JP:35969]

[CW-10225/2024]

(2 of 2)

28/08/2024

By way of instant writ petition, legal representatives of deceased plaintiff-Shankar Lal, decree-holder have invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India impugning the order dated 24.04.2024 passed in Civil Regular Appeal No.(19/16) 05/2021 by the Court of Additional District Judge No.2, Sambhar Lake, District Jaipur whereby and whereunder after condoning the delay in filing the application under Order 22 Rule 4 CPC, petitioners have been allowed to be substituted in the pending appeal on the application under Order 22 Rule 4 CPC.

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After arguing the petition, in view of the fact that the respondents had filed the appeal, challenging the judgment and decree dated 25.02.1994 passed in favour of deceased-plaintiffShankar Lal, the appeal is yet to be heard on leave to file appeal under Section 96 CPC, counsel for petitioner does not press this petition and seeks liberty to contest the application for leave to appeal, before the Appellate Court.

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In view of above, without interference to the impugned order the instant civil writ petition is disposed of with the liberty prayed for.

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Stay application and any other pending application(s), if any, stands disposed of.

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(SUDESH BANSAL),J

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SOURAV /61

Shankar Lal Son of Bhoma Ram v. Aam Janta Amrawali Dhani, Kishangarh Renwal 1. Radhey Shayam Son of Pemraj

Case brief

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Shankar Lal Son of Bhoma Ram v. Aam Janta Amrawali Dhani, Kishangarh Renwal 1. Radhey Shayam Son of Pemraj

Case brief

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