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2025 DAILYLAW 17028 (RAJ)

SMT. VIMLA DEVI DAUGHTER OF SHRI RAMJILAL PARASHAR, WIFE OF SHRI SHIVDUTT SHARMA v. SHRI RAMJILAL PARASHAR SON OF SHRI RAMCHARAN

CRW/54/2024 · 2025-03-07

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Review Petition No. 54/2024 Smt. Vimla Devi Daughter Of Shri Ramjilal Parashar, Wife Of Shri Shivdutt Sharma, Aged about 50 years, Resident of Village Saavai, Tehsil Deeg, District Bharatpur, Presently residing at Village Dhona Shamshabad, Tehsil and District Mathur (UP). ----Appellant-Plaintiff Versus 1. Shri Ramjilal Parashar Son Of Shri Ramcharan, Resident of Village Saavai, Tehsil Deeg, District Bharatpur. 2. Smt. Kavita Devi Daughter of Shri Ramcharan, Resident of Village Saavai, Tehsil Deeg, District Bharatpur, presently residing at Village Bhalai Post LOI, Tehsil Maanth, District Mathura (UP) 3. Shri Surajbhan Son of Shri Hiralal Parashar, Resident of Village Saavai, Tehsil Deeg, District Bharatpur. ----Respondent-Defendants Review Petitioner- Satish Kumar Son of Shri Heera Lal, Aged about 44 years, Resident of Village Sanwai, Tehsil Deeg, District Bharatpur (Rajasthan). Connected With S.B. Civil First Appeal No. 459/2015 Smt Vimla Devi ----Petitioner Versus Ramji Lal Parashar And Othres ----Respondent For Petitioner(s) : Mr. Anil Mehta, Senior Advocate with Mr. Ranvijay Singh For Respondent(s) : Mr. Vipin Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/03/2025 S.B. Civil Review Petition No. 54/2024:- (2 of 2) [CRW-54/2024] 1. Considered submission of learned Senior Advocate appearing for review petitioner and Mr. Vipin Sharma appearing for non- applicant-appellant. 2. Office has pointed out a delay of 74 days and to justify the reasons, an application under Section 5 of the Limitation Act is filed. 3. For the reasons mentioned in the application, same is allowed and delay is condoned. 4. Misc. application stands disposed of. 5. During course of arguments, learned Senior Advocate has pointed out that the observation on Page 2 about non-mentioning of previous Will dated 15.06.2012 in subsequent Will dated 26.06.2014 may adversely impact the review petitioner, therefore, this review petition has been filed. 6. Having considered aforesaid, it is made clear that the order dated 17.01.2024 was passed only with regard to abatement of appeal qua respondent No.1 and the observation about non- mentioning of previous Will in subsequent Will will not impact any of the party in any of the proceedings. 7. With aforesaid, review petition stands disposed of. S.B. Civil First Appeal No. 459/2015:- 1. Learned counsel for appellant submits that he has moved an application Nos. 1/2024 and 2/2024 for setting aside of abatement against respondent No.1. 2. A copy be supplied to opposite party and list on 24.03.2025. (ASHOK KUMAR JAIN),J GAURAV /34-35