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2026 DAILYLAW 18450 (RAJ)

CHAMPALAL S/O LATE SH. CHHITERLAL v. BAJRANGLAL S/O SH. KISHAN LAL

CFA/727/2018 · 2026-02-04

Maneesh Sharma

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 727/2018 Champalal S/o Late Sh. Chhiterlal & Ors. ----Appellants Versus Bajranglal S/o Sh. Kishan Lal & Ors. ----Respondents For Appellant(s) : Mr. Sajid Ali For Respondent(s) : Mr. Virendra Prajapat HON'BLE MR. JUSTICE MANEESH SHARMA Order 04/02/2026 In IA No.2/2025: 1. Matter comes up on an application filed by the respondents under Section 151 of the Code of Civil Procedure, 1908, seeking early hearing of the matter. 2. For the reasons mentioned in the application, the same is allowed. In IA No.1/2025: 1. Matter comes up on an application filed by the respondent No.1 under Section 151 read with Order 22 Rule 3 of the Code of Civil Procedure, 1908, seeking abatement of the appeal against respondents Nos. 2 and 3. 2. Learned Counsel for respondent No.1 submits that from the office report of summons dated 29.04.2024, it is evident that respondent No. 2-Chaturbhuj and respondent No. 3-Sita Bai expired long back. 3. He further submits that a Co-ordinate Bench of this Court vide order dated 03.12.2024, had directed the appellant to do the needful on account of the death of respondent No.2 and 3, yet till date the appellant has neither filed any application for taking on record the legal heirs of respondent No.2 and 3, nor has he (2 of 2) [CFA-727/2018] apprised this Court about the current status of respondent No.2 and 3; he therefore prays that the present first appeal may kindly be abated against respondent No.2 and 3. 4. Heard. 5. From the averments in the application, it is clear that respondent No. 1-Bajranglal filed the application on 08.07.2025, stating therein that respondent No. 2-Chaturbhuj and respondent No. 3-Sita Bai have died, but their legal representatives have not been brought on record. 6. It is also evident that the said application was duly served on the learned counsel for the appellants on 09.07.2025. Yet, to date, no application has been filed to bring the legal representatives of respondents Nos.2 and 3 on record or to set aside the abatement. 7. A bare perusal of the aforesaid facts and application reveals that, despite due intimation to the learned counsel for the appellants, no steps have been taken to bring the legal representatives of respondents Nos.2 and 3 on record or to set aside the abatement. 8. Therefore, in view of the above, the application (IA No.1/2025) is allowed. 9. Accordingly, the present civil first appeal stands dismissed as abated against respondents Nos. 2 and 3. (MANEESH SHARMA),J Seema/47