HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2640/2026

1. Lalchand S/o Late Bhagwati @ Bhagwani Devi, D/o Modaram, Aged About 54 Years, Resident Of Indra Colony, Bikaner, District Bikaner Through His Power Of Attorney Holder Laxman S/o Salagram Gehlot, Age About

58, R/o 2E-112, Jai Narayan Vyas Colony, Bikaner

2. Sundarlal S/o Late Bhagwati @ Bhagwani Devi, D/o Modaram, Aged About 52 Years, Resident Of Indra Colony, Bikaner, District Bikaner Through His Power Of Attorney Holder Laxman S/o Salagram Gehlot, Age About

58, R/o 2E-112, Jai Narayan Vyas Colony, Bikaner

3. Seema D/o Late Bhagwati @ Bhagwani Devi, D/o Modaram, Aged About 49 Years, Resident Of Indra Colony, Bikaner, District Bikaner Through Her Power Of Attorney Holder Laxman S/o Salagram Gehlot, Age About

58, R/o 2E-112, Jai Narayan Vyas Colony, Bikaner

4. Dulichand S/o Champalal, Aged About 75 Years, Resident Of Indra Colony, Bikaner, District Bikaner Through His Power Of Attorney Holder Laxman S/o Salagram Gehlot, Age About 58, R/o 2E-112, Jai Narayan Vyas Colony, Bikaner ----Petitioners Versus

1. Hari Ram S/o Modaram, R/o Kismidesar, Tehsil And District Bikaner

2. State Of Rajasthan, Through Tehsildar (Revenue), Bikaner 3. Shanti Devi W/o Late Gangaram, Resident Of Kishmidesar, Bikaner, District Bikaner

4. Ganesh S/o Late Gangaram, Resident Of Kishmidesar, Bikaner, District Bikaner

5. Murli S/o Late Gangaram, Resident Of Kishmidesar, Bikaner, District Bikaner

6. Ratanlal S/o Late Gangaram, Resident Of Kishmidesar, 9. Manju D/o Late Gangaram, Resident Of Kishmidesar, ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Chotia For Respondent(s) :

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

06/02/2026

1. Learned counsel for the petitioners submits that upon the death of one of the appellants – Shri Gangaram, an application was filed for abatement of appeal as no steps were taken to bring legal representatives of late Shri Gangaram on record.

2. In such circumstances, on the request of other appellant – Shri Hariram, name of Shri Gangaram was deleted from array of appellants. On a subsequent application filed on behalf of petitioners that since the name of appellant - Shri Gangaram has been deleted, entire appeal stands abated, other appellant – Shri Hariram moved an application under Order 1 Rule 10 C.P.C. for impleading legal representatives of Shri Gangaram on record.

3. Learned Board of Revenue, vide its order dated 08.01.2026, has rejected the application of petitioner for abatement of appeal and proceeded to allow the application of appellant – Shri Hariram for impleading legal representatives of Shri Gangaram under Order 1 Rule 10 C.P.C.

4. Learned counsel for the petitioners submits that the said order is against basic tenets of law as when legal representatives of Shri Gangaram were not brought on record earlier and his name has already been deleted, his legal representatives cannot now be allowed to be impleaded as parties under Order 1 Rule 10 C.P.C.

5. Matter requires consideration.

6. Issue notice. Issue notice of the stay application, returnable within a period of four weeks.

7. In the meantime, further proceedings in Appeal Decree No. 6977/2024/TA/Bikaner, pending before learned Board of Revenue, shall remain stayed.

(SANJEET PUROHIT),J

40-JatinS/-