[2025:RJ-JP:2235] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 365/2009 Badri Prasad Saini Son Of Shri Chhitarmal Saini, Resident Of Dhani Doonga Ki, Village Moondaru, Tehsil Srimadhopur, District Sikar ----Appellant Versus 1. Jugal Kishore S/o Shri Prabhu Dayal, R/o Village Moondaru, Teshil Srimadhopur, District Sikar 2. Smt. Geeta Devi W/o Shri Prabhu Dayal, (Deceased) R/o Village Moondaru, Teshil Srimadhopur, District Sikar 2/1 Jugal Kishore S/o Late Prabhu Dayal, R/o Moondaru, Teshil Srimadhopur, District Sikar 2/2 Kamala Devi D/o Prabhu Dayal W/o Bhagwat Dayal Sharma, R/o Bus Stand, Ajmer Road, Kekri 2/3 Gayatri Devi D/o Prabhu Dayal W/o Vinod Kumar Chobe, R/o Kaladera, Tehsil Chomu, District Jaipur 3. Jagdish Prasad S/o Shri Gopi Ram, R/o Dhani Amarsingh Wali, Village Moondaru, Tehsil Srimadhopur, District Sikar ----Respondents For Appellant(s) : Mr. G.P. Sharma Mr. M.C. Gupta For Respondent(s) : Mr. Anil Kumar Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Judgment / Order 16/01/2025 1. Considered application Nos. 1/24, 2/24 and 1/25 filed for substitution of legal heirs as proposed in the application. 2. Having considered the submissions and in light of judgment of this Court 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 allowed and the legal [2025:RJ-JP:2235] (2 of 2) [CSA-365/2009] representatives as proposed in the applications are taken on record and substituted in place of deceased respondent No. 2, after condonation of delay and setting aside of abatement, if any. 3. Applications stand disposed of. 4. Learned counsel for petitioner submits that the parties have settled their dispute and he wants to withdraw instant appeal. 5. Learned counsel for respondent has no objection. 6. Having considered aforesaid, the appeal is dismissed as withdrawn in view of aforesaid. 7. Misc. application, if any, also stands disposed of. (ASHOK KUMAR JAIN),J MONU /73