[2025:RJ-JP:26983]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1355/2011 Smt Jatindra Kaur Sethi W/o Shri Indrajeet Singh Sethi, R/o 230, Ashoka Building Third Floor, Linking Road, Bandra West Mumbai Maharashtra at present R/o 29-C, Talwandi, Kota.

----Plaintiff/Appellant Versus

1. Smt. Roopleela Devi W/o Shri Shyam Prakash Ji Gupta, R/o House No.769, Shastri Nagar, Dadabari, Kota.

2. Harpal Singh W/o Bhagat Singh, R/o House No.138-A, Gurudwara Road, Bhimganj Mandi, Kota (Since Deceased)

3. Vijendra Narayan Rai W/o Daroga Rai, R/o J.K. Nagar, Kota.

----Defendants/Respondents Connected With S.B. Civil Miscellaneous Appeal No. 1352/2011 Smt Jatindra Kaur Sethi W/o Shri Indrajeet Singh Sethi, R/o 230, Ashoka Building Third Floor, Linking Road, Bandra West Mumbai Maharashtra at present R/o 29-C, Talwandi, Kota.

----Plaintiff/Appellant Versus

1. Sushila Devi W/o Shri Kishanlalji, R/o Plot No.7, Ashoka Colony, Kota (Raj.)

2. Harpal Singh W/o Bhagat Singh, R/o House No.138-A, Gurudwara Road, Bhimganj Mandi, Kota (Since Deceased)

----Defendants/Respondents S.B. Civil Miscellaneous Appeal No. 1353/2011 Smt Jatindra Kaur Sethi W/o Shri Indrajeet Singh Sethi, R/o 230, Ashoka Building Third Floor, Linking Road, Bandra West Mumbai Maharashtra at present R/o 29-C, Talwandi, Kota.

----Plaintiff/Appellant Versus

1. Govind Ram Modi W/o Ramjidas Modi, R/o Gumanpura, Kota. 2. Harpal Singh W/o Bhagat Singh, R/o House No.138-A, Gurudwara Road, Bhimganj Mandi, Kota (Since Deceased)

----Respondent S.B. Civil Miscellaneous Appeal No. 1354/2011 Smt Jatindra Kaur Sethi W/o Shri Indrajeet Singh Sethi, R/o 230, Ashoka Building Third Floor, Linking Road, Bandra West Mumbai Maharashtra at present R/o 29-C, Talwandi, Kota.

----Plaintiff/Appellant Versus

1. Hemant Patni S/o Shri Heeralal Ji Patni, R/o 97, Pratap Nagar Dadabari, Kota.

2. Harpal Singh W/o Bhagat Singh, R/o House No.138-A, Gurudwara Road, Bhimganj Mandi, Kota (Since Deceased)

----Defendants/Respondents S.B. Civil Miscellaneous Appeal No. 1356/2011 Smt Jatindra Kaur Sethi W/o Shri Indrajeet Singh Sethi, R/o 230, Ashoka Building Third Floor, Linking Road, Bandra West Mumbai Maharashtra at present R/o 29-C, Talwandi, Kota.

----Plaintiff/Appellant Versus

1. Smt Yashoda Devi Gupta W/o Shri Girraj Kishore, R/o House No.319, Dadabadi Vistar Yojana, Ballabhbari, Kota.

2. Harpal Singh W/o Bhagat Singh, R/o House No.138-A, Gurudwara Road, Bhimganj Mandi, Kota (Since Deceased)

3. Parasram S/o Harish Chand Ji, R/o New Colony, Gumanpura, Kota.

4. Shyam Sunder S/o Panchumal Ji, R/o House No.7A Shopping Centre, Opposite Water Tank, Kota.

5. Charanjeet Singh Dang W/o Shri Hardeep Singh, R/o 361, Talwandi, Kota (Raj.)

6. Smt. Jagtar Kaur W/o Shri Charanjeet Singh Dang, R/o 361, Talwandi, Kota.

----Defendants/Respondents For Appellant(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Ms. Harshita Sharma for Dr. Mahesh Sharma (1355/2011 &

1356/2011)

Mr. Ashwani Chobisa (1353/2011)

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

18/07/2025

1. These present appeals have been filed on behalf of the appellant under Order 43 Rule 1(k) of the Code of Civil Procedure, 1908 (CPC) against the order dated 08.02.2011 passed by learned Additional District Judge No.5, Kota, whereby the application filed by the applicant-plaintiff under Order 22 Rule 9 CPC has been dismissed.

2. In all the pending these appeals, a common order dated 08.02.2011 is under challenge. Therefore, all the appeals are heard and decided together.

3. Vide order dated 08.02.2011, an application filed under Order 22 Rule 9 CPC was dismissed by the learned Trial Court and suit for cancellation of the sale deed filed by the appellant was ordered to be abated qua defendant No.2 Harpal Singh.

4. The facts emerged out from the pleadings of the parties are that five (5) civil suits bearing Nos.46/2001, 47/2001, 48/2001, 50/2001, 52/2001 were filed by the appellant against the respondents for cancellation of a sale deed.

5. In all the suits the common fa