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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5360/2025
1. Chandra Shekhar S/o Late Nandlal Tiwari, Aged About 35 Years, R/o Gangapur Presently Residing At Sawaliya Mix Ice- Cream, Khol Of Lane No.5-6, Parola Road, Dhuliya, Maharashtra.
2. Manohar D/o Late Nandlal Tiwari W/o Jatashankar Sharma, Aged About 62 Years, R/o Mahu, Tehsil Railmagra, District Rajsamand.
3. Sushila D/o Late Nandlal Tiwari W/o Ganpat Sharma, Aged About 59 Years, R/o Kuraj Tehsil Railmagra, District Rajsamand.
4. Maya D/o Late Nandlal Tiwari W/o Lakshmishankar Alias Lal Ji Upadhyay, Aged About 55 Years, R/o Mohi, Tehsil And District Rajsamand.
5. Durga D/o Late Nandlal Tiwari W/o Omprakash Sharma, Aged About 50 Years, R/o Pahuna Presently Residing At Sawaliya Mix Ice-Cream, Khol Of Lane No. 5-6, Parola Road, Dhuliya, Maharastra.
6. Sita D/o Late Nandlal Tiwari W/o Durgesh Joshi, Aged About
47 Years, R/o Dhanet Tehsil And District Chittorgarh.
7. Sarita D/o Late Nandlal Tiwari W/o Manmohan Upadhyay, Aged About 38 Years, R/o Near Central Hospital, Behind Bheru Ji Bavji, Gangapur, Tehsil Sahada, District Bhilwara.
8. Asha Devi W/o Chetanprakash Agrawal, Aged About 62 Years, R/o Gangapur, District Bhilwara.
----Petitioners Versus
1. Sunil Kumar S/o Mohan Lal Tiwari, R/o Bus Stand Road, Near Petrol Pump, Ganganagar, District Bhilwara.
2. Mohan Lal S/o Late Ramlal Tiwari, R/o Bus Stand Road, Near Petrol Pump, Ganganagar, District Bhilwara.
3. Kailash Chandra S/o Inderdev Tiwari, R/o Bus Stand Road, Near Petrol Pump, Ganganagar, District Bhilwara.
4. Narayanlal S/o Mohanlal Tiwari, R/o Bus Stand Road, Near Petrol Pump, Ganganagar, District Bhilwara.
5. Giriraj S/o Mohanlal Tiwari, R/o Bus Stand Road, Near Petrol
6. Inderdev S/o Late Ramlal Tiwari, Deceased Through Lrs.
6/1. Ladi Devi D/o Late Indredev W/o Madhulal Sharma, R/o Aadsipura, Sahada, District Bhilwara.
7. Satyanarayan S/o Late Jagdish Chandra, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
8. Rajkumar S/o Late Jagdish Chandra, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
9. Bherulal S/o Late Jagdish Chandra, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
10. Jaswant Tiwari S/o Late Jagdish Chandra, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
11. Mathura Devi W/o Late Jagdish Chandra, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
12. Rukman Bai D/o Ramlal Tiwari, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
13. Vimla D/o Mohanlal Tiwari, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
14. Chanda D/o Mohanlal Tiwari, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
15. Jasoda D/o Mohanlal Tiwari, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
16. Krishna D/o Mohanlal Tiwari, R/o Bus Stand Road, Near Petrol Pump, Gangapur, District Bhilwara.
17. Nagar Palika, Gangapur Through Executive Officer, Nagar Palika Gangapur, District Bhilwara.
18. Shanta W/o Late Nandlal Tiwari, R/o Ward No, 7, Near Shastri Park, Shastri Nagar, Gangapur, Tehsil Sahada, District Bhilwara.
----Respondents For Petitioner(s) : Mr. Sandeep Saruparia Mr. Nikhil Ajmera HON'BLE DR. JUSTICE NUPUR BHATI
Order
26/03/2025 Learned counsel for the petitioners submits that defendant Nos.2 and 7 to 13 including the petitioner No.1/defendant No.12 filed an application under Order 1 Rule 10 for taking on record daughters of Ramlal and Mohanlal which was allowed vide order dated 17.05.2016. He further submits that out of newly added defendants, defendant No.16 Geeta expired, for which the application under Order 22 Rule 4 and 9 was filed for bringing on record her legal representatives by the plaintiffs and upon the application, learned trial court issued notices to the legal representatives of the deceased defendant No.16. He also submits that the plaintiffs filed another application on 04.03.2024 (Annex.5) before the learned trial court while indicating that there are no legal representative of the deceased available and thus, the name of deceased Geeta may be deleted from the array of the defendants and the learned trial court has allowed the application. Learned counsel for the petitioners submits that once the deceased Geeta has been arrayed as defendant in the suit, taking into consideration her to be necessary and proper party, then the name of the deceased could not be deleted from the array of the respondents as the legal representative are available.
Issue notice to the respondents Nos. 1 to 5. Issue notice of the stay application as well, returnable within four weeks.
In the meanwhile and till the next date, further proceedings in Civil Original Suit No.41/2015 titled as ‘Sunil Kumar & Ors. Vs. Inder Dev & Ors’ pending before the Additional District Judge, Gangapur, District Bhilwara, shall remain stayed.
(DR.NUPUR BHATI),J surabhii/99-
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