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2025 DAILYLAW 10550 (RAJ)

NATHU LAL AND OTHERS v. MAYOR NAGAR NIGAM JAIPUR AND OTHERS

CSA/227/2013 · 2025-05-02

Narendra Singh Dhaddha

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 227/2013 1. Nathu Lal S/o Shri Bhura, House No.3376, Kothi Raigeran, Ghat Darwaja, Jaipur Raj. 2. Ram Gopal S/o Shri Bhura House No.3376, Kothi Raigeran, Ghat Darwaja, Jaipur Raj. 3. Ramji Lal S/o Shri Bhura House No.3376, Kothi Raigeran, Ghat Darwaja, Jaipur Raj. ----Appellants Versus 1. Nagar Nigam, Jaipur Through Mayor, Tonk Road, Jaipur 2. Ram Kishore S/o Shri Ram Dayal, Kothi Raigeran, Ghat Darwaja, Jaipur 3. Anandi Lal S/o Shri Ram Dayal, Kothi Raigeran, Ghat Darwaja, Jaipur 3/1. Smt. Kishni Devi W/o Late Shri Anandi Lal ‘name deleted’ 3/2. 3/3 4. Navratan, S/o Late Shri Anandi Lal, (deceased) through LRs. 3/2/1 Smt. Meera W/o Late Navratan 3/2/2 Sonu S/o Late Navratan 3/2/3 Smt. Sonu Devi W/o Late Roshan Tara Chand S/o Late Shri Anandi Lal. All R/o Karadia Raiger, R/o Plot No.50 Nagannathpuri Colony, Mali Ki Khoti, Bagran, Agra Road, Jaipur, Pin- 303012 Babu Lal S/o Late Shri Ram Dalay, R/o Kothi Rageran, Ghat Darwaja, Jaipur New and present address Ghatgate Wala, Plot No.139/A, Reghunathpuri-II, S. K. Public School Ke Pass, Opposite Airport, Police Station Sanganer, Jaipur. 5. Phool Chand S/o Shri Ram Dayal Died During Trial Through Legal Representatives- 5/1 Smt. Prem Devi, Widow of Late Shri Phool Chand. 5/2 Anup Karadiya, S/o Late Shri Phool Chand. 5/3. Gajanand Karadiya S/o Late Shri Phool Chand. 5/4. Ganan Karadiaya S/o Late Shri Phool Chand. 5/5. Rahul Karadiya S/o Late Shri Phool Chand. 5/6 Mamta Karadiya D/o Late Shri Phool Chand. 5/7 Pinki Karadiya D/o Late Shri Phool Chand. All R/o Kothi Raigeran, House No.3375, Chowkri Ghat Darwaja, Jaipur. ----Respondents (2 of 3) [CSA-227/2013] For Appellant(s) : Mr. Mohd. Adil, Adv. For Respondent(s) : Mr. Ram Singh Bhati, Adv. Mr. Anil Kumar Jain, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 02/05/2025 Application (I.A.1/2025) has been filed under Order 22 Rule 2 & 4 CPC for taking the factum of death of respondent No.3/1 Smt. Kishni Devi and taking legal heir(s) of deceased respondent No.3/2 Navratan on record. Along with the said application, an application(I.A. No.02/2025) for setting aside the abatement of appeal and condonation of delay in filing the application under Order 22 Rule 2 and 4 CPC. Learned counsel for the appellant(s) submits that respondent No. 3/2 Navratan has expired, his legal representatives be taken on record. He further submits that respondent No.3/1 Smt. Kishni Devi has also expired and her legal representatives are already on record. Hence, word ‘deleted’ be inserted against her name. The said applications are allowed for the reasons mentioned therein and delay in filing the application is condoned, legal representatives of the deceased respondent No. 3/2 Navratan as described in para No.2 of the application are taken on record and abatement, if any, stands set aside and the word "deleted" is ordered to be inserted against the name of respondent No.3/1 Smt. Kishni Devi. Matter comes up on an application (I.A. No.3/2025) for withdrawal of the second appeal. Learned counsel for the appellants–applicants submits that a compromise has been arrived at between the parties and the parties have amicably settled their dispute outside the Court. In (3 of 3) [CSA-227/2013] this regard, a copy of the said compromise has also been filed alongwith the application. In view of this learned counsel for the appellants–applicants wants to withdraw the present appeal. Learned counsel for the private respondents admits the factum of compromise arrived at between the parties. Heard. Considered. For the reasons mentioned in the application, the same is allowed and the second appeal is dismissed as withdrawn. Consequent upon dismissal of the second appeal, all the pending application(s), if any, also stand disposed of. (NARENDRA SINGH DHADDHA),J Gourav/34