Disposed

Shri Sawai Khan S/O Shri Ladu Khan v. Bhairu Khan S/O Shri Moti Khan

Rajasthan HC7 Aug 2024CW/12748/2024

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging an interim order dismissing an application to set aside abatement. It directed the High Court to allow the petitioner to seek deletion of a deceased defendant's name via trial court application without affecting the suit's merits.

What did the court decide?

Writ petition disposed of; petitioner directed to move application for deletion of deceased defendant's name to trial court.

Shri Sawai Khan S/O Shri Ladu Khan Vs Bhairu Khan S/O… — Property and Title | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 12748/2024

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Shri Sawai Khan S/o Shri Ladu Khan, Aged About 92 Years, Resident Of Kayampura, Tehsil And District Ajmer.

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----Petitioner/ Plaintiff

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Versus

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Bhairu Khan S/o Shri Moti Khan, Through His Legal Representatives

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1/1 Rashali, W/o Late Shri Bhairu Khan

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1/2 Firoz, S/o Late Shri Bhairu Khan

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1/3 Siraz, S/o Late Shri Bhairu Khan, (Deceased) Issueless

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1/4 Shakila D/o Late Shri Bhairu Khan, , W/o Rasul Khan

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1/5 Manoj Banu D/o Late Shri Bhairu Khan, W/o Iqbal Khan

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1/6 Jebuna D/o Late Shri Bhairu Khan, W/o Sheru Khan

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1/7 Hasan Mohammeds/o Late Shri Bhairu Khan, Aged About 16 Years, (Minor)Through His Natural Guardian Mother Smt. Rashali (Respondent No. 1/1) All Are Residents Of Makadwali Road, Near Police Station Christianganj, Chorasiyawas, District Ajmer.

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1/8 Maina D/o Late Bhairu Khan, W/o Sikandar Khan, Resident Of Kayampura, Tehsil And District Ajmer.

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1/9 Ratun Banu D/o Late Bhairu Khan, W/o Islam Khan, Resident Of Kheda Kharekadi, Tehsil And District Ajmer.

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1/10 Khatun D/o Late Bhairu Khan, W/o Ladu Khan, , Resident Of Kheda Kharekadi, Tehsil And District Ajmer.

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Ghasi Khan S/o Shri Jagir Khan @ Jamir Khan, Through Legal Heirs

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2/1 Shri Bhairu Khan S/o Late Shri Ghasi Khan, (Deceased) Through Legal Heirs

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2/1/ Patasi W/o Late Bhairu Khan, Resident Of Kayamkhani Ki 1 Dhani, Village Chorasiywas, Makadwali Road, Opposite Police Station Christianganj, Ajmer.

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2/1/ Iqbal Late S/o Late Bhairu Khan, Resident Of Kayamkhani 2 Ki Dhani, Village Chorasiywas, Makadwali Road, Opposite Police Station Christianganj, Ajmer.

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2/1/ Safita Bano D/o Late Bhairu Khan, W/o Rafiq Khan, , 3 Resident Of Mohalla Madarsa Ke Samne, Village Post Beri, Via Molasar, Tehsil Deedwana, Nagaur.

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2/1/ Rukya Bano D/o Late Shri Bhairu Khan, W/o Late Aarif, , 4 Resident Of Village Goro Ka Kheda, Tehsil Banewda, District Bhilwara.

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2/2 Sabu S/o Ghasi, (Deceased), Through Legal Heris

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2/2/ Sharda W/o Sabu, Resident Of Kayampura, Tehsil And 1 District Ajmer.

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2/2/ Muskan D/o Sabu, Aged About 11 Years, (Minor), Through

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(2 of 3)

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[CW-12748/2024]

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2 Natural Guardian Mother Sharda (Defendant No. 2/2/1) Resident Of Kayampura, Tehsil And District Ajmer.

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2/3 Shaukin S/o Ghasiu, , Resident Of Makadwali Road, Chorasiywas, District Ajmer.

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2/4 Ugma D/o Shri Ghasi Khan, W/o Shri Babu Khan, , Resident Of Nathuthala, Tehsil Pisangan, District Ajmer

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2/5 Munni D/o Late Ghasi, W/o Abbas Ali Khan, Resident Of Village Kayampura, District Ajmer.

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2/6 Saba D/o Late Ghasi Khan, W/o Shri Shamsuddin, Resident Of Village Kayampura, District Ajmer.

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Sultan Khan S/o Shri Chhotu Khan, Resident Of Village Kayampura, Tehsil And District Ajmer.

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Sher Ali Khan S/o Shri Sannu Khan, Resident Of Village Kayampura, Tehsil And District Ajmer.

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Sub Registrar, Registrar Office, Ajmer.

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----Respondents/ Defendants

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For Petitioner(s) : Mr. JK Yogi For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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07/08/2024

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Petitioner-plaintiff has preferred this writ petition under Article 227 of the Constitution of India, feeling aggrieved by the interlocutory order dated 25.07.2024 passed in Civil Suit No.117/2024 (3520/2014) (600131/2012) by the Court of Additional District and Sessions Judge, No.4, Ajmer, dismissing plaintiff’s application under Order 22 Rule 4 read with Section 151 CPC to bring the Legal Representatives of deceased-defendant No.2/4 Smt. Ugma.

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Having heard counsel for petitioner-plaintiff and perused the record.

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It appears that the plaintiff has filed suit for cancellation of sale deed dated 25.04.2000, executed by defendants No.1 to 3 and in favour of defendant No.4. Defendant No.2-Ghasi Khan was

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(3 of 3) [CW-12748/2024]

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one of the seller, who passed away during course of suit, hence his Legal Representatives 2/1 to 2/6 were brought on record. Thereafter, one Legal Representative 2/4, namely, Smt. Ugma also passed away and an application under Order 22 Rule 4 read with Rule 9 CPC for bringing her Legal Representatives and seeking set aside the abatement, was moved after a delay of 8 years. That application has been dismissed by the trial Court vide order impugned dated 25.07.2024.

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Counsel for petitioner does not dispute that deceaseddefendant No.2/4 Smt. Ugma is non-contesting defendant to the present suit as much as his predecessor defendant No.2-Ghasi Khan, had not filed any written statement.

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In view of above, he seeks permission to delete the name of deceased-defendant No.2/4 Smt. Ugma from array of defendants. 6. In view of above, without interfering with the impugned order dated 25.07.2024, this Court finds that petitioner may move an application for deletion of the name of deceased-defendant No.2/4 Smt. Ugma and in the given facts and circumstances, the trial Court may permit deletion of his name without affecting the rights of plaintiff to pursue the present civil suit on merits against the remaining defendants.

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Accordingly, instant writ petition is disposed of.

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All pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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RONAK JAIMAN/44

Shri Sawai Khan S/O Shri Ladu Khan v. Bhairu Khan S/O Shri Moti Khan

Case brief

What is this about?

What did the court decide?

Shri Sawai Khan S/O Shri Ladu Khan v. Bhairu Khan S/O Shri Moti Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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