Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:3916] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 436/1998
1. Shri Poonam Sagar, Managing Trustee Moorti Shri Parshavnath, Rampura Bazar, Kota.
2. Dharmesh Shah S/o Shri Rajnikant Shah, Managing Trustee Moorti Shri Parshavnath, Rampura Bazar, Kota. ----Appellants Versus Manak Chand Barla (Deceased), Through Legal Representative Subhash Chand Jain S/o Late Shri Moti Lalji Jain, R/o Grand Hotel Gali, 169, Rampura, Kota. ----Respondent For Appellant(s) : Mr. Ajay Shukla with Mr. Raghav Sharma For Respondent(s) : Mr. Rakshit Jain for Mr. Ajeet Bhandari, Senior Advocate HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 28/01/2025
1. Dharmesh Shah is taken on record on 05.02.2019 in application under Section 151 read with Section 1 Rule 10 CPC subject to outcome of revision petition no. 15377/2013, therefore, application no. 32274/2012 is hereby dismissed as stands
disposed.
2. It has come to our notice that this first appeal is filed by Shri Poonam Sagar, Managing Trustee, Moorti Shri Parshav Nath, Rampura Bazar, Kota and after Shri Poonam Sagar, Dharmesh Shah was substituted as a party.
[2025:RJ-JP:3916] (2 of 2) [CFA-436/1998]
3.
Learned counsel for respondent(s) submits that Dharmesh Shah has expired on 19.04.2023 and since then no steps were taken by appellant for substitution to continue instant appeal.
4.
Learned counsel for appellant requests for time.
5. Having considered that after April, 2023, instant appeal has been listed on multiple occasions and no steps were taken by the appellant to implead or substitute any legal representative in place of Dharmesh Shah. Both Poonam Sagar and Dharmesh Shah have expired and no one is on record to continue instant appeal, therefore, the appeal stands abated.
6. Hence, the appeal is dismissed in abatement.
7. Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /40