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2025 DAILYLAW 11618 (RAJ)

KHADAK SINGH AND ORS v. SMT BHONRI DEVI

CSA/473/2005 · 2025-04-23

Narendra Singh Dhaddha

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Judgment text

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[2025:RJ-JP:17079] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 473/2005 1. Khadak Singh S/o Late Shri Bangali (Since decease through LRs) 1/1. Kishan Singh S/o Shri Khadak Singh, aged about 66 years 1/2. 1/3. 1/4. 1/5. 1/6. 1/7. 1/8. 1/9. Mahendra Singh S/o Khadak Singh, aged about 62 years Mulakraj S/o Late Shri Khdak Singh, aged about 56 years Yashpal S/o Late Shri Khdak Singh, aged about 56 years Bheem Singh S/o Late Shri Khdak Singh, aged about 51 years Mukesh S/o Late Shri Khdak Singh, aged about 50 years Prem S/o Late Shri Khdak Singh, aged about 49 years Punam @ Pushpa D/o Late Shri Khdak Singh, aged about 48 years Sukhdevi D/o late Shri Khadak Singh Aged about 46 years All R/o Mohalla Billauchi Wala Kunwa Alwar ----Appellants Versus Smt. Bhonri Devi W/o Shri Mangturam Village Kalsada, R/o Mohalla Bilochi Wala Kunwa, Alwar Raj. ----Respondent For Appellant(s) : Mr. Ranvijay Singh For Respondent(s) : Mr. Mohit Gupta HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 23/04/2025 Matter comes up on an application No. 1/2025 filed by the counsel for the respondent under Order 22 Rule 3 (2) CPC for dismissal of the appeal as having become abated. Learned counsel for the respondent submits that sole respondent- Bhonri Devi expired on 02.09.2023 but till today no [2025:RJ-JP:17079] (2 of 2) [CSA-473/2005] steps have been taken to bring the legal heirs of deceased respondent- Bhonri Devi on record. Learned counsel further submits that in an appeal pending before the Additional District Judge No.2, Alwar, appellant- Kishan Singh filed an application for taking the legal heirs of deceased respondent- Bhonri Devi on record on 13.03.2024. In this view of the matter, despite the knowledge of death of Bhonri Devi way back on 13.03.2024, no application has been filed by the appellants for bringing her legal heirs on record till today i.e. for more than a year. The present civil second appeal stands abated accordingly. (NARENDRA SINGH DHADDHA),J Ritu/42