[2026:RJ-JP:7822] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 451/2025 Jhamat Mal S/o Shri Bheru Lal Sindhi, R/o Inside Ajmeri Gate, Beawar, District Ajmer (Raj.) (Since Deceased) through his Legal Representatives:- 1/1 Smt. Savitri W/o Late Shri Jhamat Mal 1/2 Laxmandas S/o Late Shri Jhamat Mal 1/3 Smt. Hardevi D/o Late Shri Jhamat Mal and W/o Sh. Dhalumal 1/4 Smt. Padma D/o Late Shri Jhamat Mal and W/o Shri Khushaldas. All R/o Gali No.4, Nand Nagar, Beawar, District Ajmer (Raj.) ----Appellant Versus Nemi Chand S/o Late Seth Shri Kewal Chand Ranka, R/o Inside Ajmeri Gate, Beawar, District Ajmer (Raj.) Karta And Manager Undivided Hindu Family. ----Respondent For Appellant(s) : Mr. Jai Prakash Gupta For Respondent(s) : Mr. Dinesh Kumar Garg HON'BLE MR. JUSTICE MANEESH SHARMA Order 18/02/2026 1. The present civil second appeal has been filed by the appellant, assailing the judgment and decree dated 18.08.2025 passed by the learned Additional District Court No.2, Beawar, in Civil Appeal No.16/2024 (CIS No.17/2019) titled as 'Jhamat Mal vs. Nemi Chand', whereby the application filed by the applicant under Order 22 Rule 3 and 11 read with Sections 107 and 151 of CPC was rejected and the appeal was dismissed as abated, further consequential thereupon the judgment and decree dated 01.10.2019 passed by learned Senior Civil Judge and Additional Chief Judicial Magistrate, Beawar, District Ajmer in Civil Suit No.36/2019 (10/1991) titled as 'Nemi Chand vs. Jhamat Mal' was upheld wherein the suit for eviction was decreed. [2026:RJ-JP:7822] (2 of 2) [CSA-451/2025] 2. At the outset of hearing, learned counsel for the plaintiff/respondent fairly submits that since the regular first appeal was dismissed as abated and interim order has been granted in favour of the appellant, therefore, in order to avoid further delay in the matter, the impugned order dated 18.08.2025 may kindly be set aside and the present second appeal may kindly be allowed. Consequently, the matter may be remanded back to the learned Appellate Court with a direction to re-decide the application as well as the appeal on merits, within a time frame. 3. In view of the above submissions, learned counsel for the appellant also fairly accepts the aforesaid submissions of learned counsel for the plaintiff/respondent. 4. Heard. 5. In view of the agreement and consensus arrived at between the parties, the present second appeal is allowed. The impugned judgment and decree dated 18.08.2025 is set aside and the learned Appellate Court is directed to re-decide the application for substitution while adopting liberal approach and thereafter, to decide the regular first appeal on merits, preferably within a period of six months from filing certified copy of this order. 6. Parties are directed to appear before the learned Additional District Court No.2, Beawar on 12.03.2026. 7. With the aforementioned observations, the present second appeal is disposed of. 8. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J DEEPA-56