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[2025:RJ-JP:12690] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 569/2005 Prabhu Dayal And Ors ----Appellant Versus Richpal And Ors ----Respondent Connected With S.B. Civil Contempt Petition No. 969/2015 Prabhu Dayal S/o Kajod, R/o Dhani Tibawali, Tan Amarsar, Tehsil Shahpura, District Jaipur. ----Appellant Versus Ashok S/o Sh. Jamna Sahai, R/o Amarsar, Tehsil Shahpura, District Jaipur. ----Respondent For Appellant(s) : Mr. Abhimanyu Singh For Respondent(s) : Mr. N.L. Verma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/03/2025 S.B. Civil Second Appeal No. 569/2005:-
1. Considered applications No.1/2024, 1/2025 and 2/2025 filed to bring legal heirs of appellant No.1 (Prabhu Dayal), respondent No.1 (Richpal) and respondent No.3 Ashok on record, who expired during pendency of this appeal.
2. Having considered the submission of learned counsels for the parties and also the judgment in case of Dinesh Kumar & Anr. Vs. Shiv Taj Singh & Ors. (S.B. Civil First Appeal No. 289/2001 Order dated 16.11.2023.), the applications are
[2025:RJ-JP:12690] (2 of 2) [CSA-569/2005] allowed and the legal heirs as proposed in the application No.1/2025 are taken on record in place of deceased appellant No.1 (Prabhu Dayal) and respondent No.1 (Richpal), after condonation of delay and setting aside of abatement, if any, wheres legal heirs as proposed by learned counsel for respondent namely 3/1 (Keval Kumar), 3/2 (Dheeraj Verma), 3/3 (Gunjan Kumar), 3/4 (Shanti Devi), 3/5 (Priyanka), 3/6 (Amita-deceased) through 3/6/1 (Himanshu), 3/6/2 (Pooja) and 3/6/3 (Jaya) are taken on record in place of deceased respondent No.3 (Ashok) after condonation of delay and setting aside of abatement, if any.
3. All the applications stand disposed of.
4. Correct amended cause title be filed within one week in accordance with the order passed by this Court.
5. List for hearing in the month of July, 2025. S.B. Civil Contempt Petition No. 969/2015:-
1. Contemnor respondent (Ashok) has expired, therefore, the petition rendered infructuous and same stands abated.
2. In view of aforesaid, the petition stands disposed of.
3. Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /22-23