[2025:RJ-JP:830] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 782/2011 1. Smt Raesa Begum Widow Of Late Haji Abdul Sattar, (Deceased) 2. Raes, S/o Late Haji Abdul Sattar, 3. Rafique, S/o Late Haji Abdul Sattar, 4. Safiq, S/o Late Haji Abdul Sattar, (Deceased) 4/1. Tarranum, W/o Late Safiq 4/2. Fezan, S/o Late Safiq 4/3. Farhan, S/o Late Safiq 4/4. Furkan, S/o Late Safiq 4/5. Shadut, S/o Late Safiq 4/6. Alina, D/o Late Safiq 2 To 6 Are Minor Through Natural Guardian Mother Tarranum W/o Late Safiq All R/o House No. 34, Purana Amer Road, Subhash Chowk, Jaipur. 5. Farid, S/o Late Haji Abdul Sattar. 6. Firoj, S/o Late Haji Abdul Sattar, 7. Imran, S/o Late Haji Abdul Sattar, 8. Imrana, D/o Late Haji Abdul Sattar, 9. Smt. Anisa, W/o Raseed D/o Late Haji Abdul Sattar 10. Smt. Rooksana W/o Ijjurahman, D/o Late Haji Abdul Sattar. 11. Smt. Faryan W/o Amar, D/o Late Haji Abdul Sattar. 12. Smt. Nasran W/o Jaheer, D/o Late Haji Abdul Sattar. 13. Smt. Vebi W/o Shakir D/o Late Haji Abdul Sattar., All R/o Subhash Chowk, Moti Katla Bazar, Jaipur (Rajasthan) ----Appellants Versus 1. Mohan Lal, S/o Shri Rameshwar Prasad, 2. Satish Kumar Alias Satish Chand S/o Radhey Shyam, (Deceased) Through Natural Heirs 2/1. Smt Kavita W/o Late Shri Satish Kumar, Alias Satish Chand [2025:RJ-JP:830] (2 of 3) [CSA-782/2011] 2/2. Pooja D/o Shri Satish Kumar, Alias Satish Chand 2/3. Arti D/o Shri Satish Kumar, Alias Satish Chand All resindent of 215 Govind Nagar, Amer Road, Jaipur At present 135, Shree Gopal Nagar, Opposite Somani Hospital, 80 feet Road, Jaipur (Raj.) ----Respondents For Appellant(s) : Mr. Mohd. Adil For Respondent(s) : Mr. Pratik Jain Mr. Vinay Patni HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/01/2025 1. Considered application No.01/2022 filed under Order 22 Rule 4 CPC for substitution of LRs after death of respondent No.2. Satish Kumar. 2. Learned counsel for appellant submitted that though legal heirs of respondent No.2 are females and right of tenancy does not devolve upon them but for the purpose of appeal he has moved this application for substitution as legal representatives and not as a tenant. 3. Having considered the submissions of learned counsel for the parties application is allowed and LRs as proposed in the application are taken on record and substituted in place of deceased respondent No.2. The issue of evolving right of tenancy remain open and shall be considered at the time of final adjudication. 4. Amended cause title is taken on record. [2025:RJ-JP:830] (3 of 3) [CSA-782/2011] 5. During course of argument, learned counsel for appellant submitted that appellant has procured the possession of the suit property therefore nothing survives in the appeal. 6. Learned counsel for respondent acknowledges the same. 7. In view of aforesaid, instant second appeal is disposed of as withdrawn as the possession of suit property is procured by appellant landlord. 8. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /67