[2026:RJ-JP:7424]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 162/2025 in S.B. Civil First Appeal No. 551/2009 Inder Singh (Died) S/o Shri Bahdure Singh, aged about 55 years R/o Dhiriuyawas, Tehsil Tijara, Distt. Alwar, (since deceased)

throughLRs

1/1 Preeto Bai Wife of Late Shri Inder Singh 1/2 Balbeer Singh S/o Late Shri Inder Singh

1/3 Raju S/o Late Shri Inder Singh (1/1 to 1/3 are Residents of Village Dhiriyawas, Masit, Alwar Rajasthan Now District Khairthal Tijara (Rajasthan))

1/4 Balveer Kaur D/o Late Shri Inder Singh Guruvachan Singh of Late Shri Resident of Shiv Nagar Near Gulariya Rampur, Bilaspur (Uttar Pradesh) 244921 ----Petitioner Versus Asin S/o subudhi R/o dhiriuyawas, Tehsil Tijara District Alwar through Legal Representatives: (Since Deceased)

1/1. Israil S/o Late Shri Asin

1/2 Sulemudin @ Khutti s/o Late Shri Asin

1/3 Suleman S/o Late shri Asin

1/4 Sadik S/o Late Shri Asin

1/5 Samsudeen S/o Late Shri Asin, Raju S/o Late Shri Inder Singh (1/1 to 1/5 are the Residents of Village Dhiriyawas Tehsil Tapukda Khairthal Tijara (Rajasthan) District)

1/6 Fatma Wife of Mubin Khan Daughter of Late Shri Asin Resident of Hathin, Palwal ( haryana)

----Respondent For Petitioner(s) : Mr. Prakash Chand Thakuriya For Respondent(s) : Mr. R.K. Mathur, Senior Advocate with Mr. Ayush Goyal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

16/02/2026

1. Instant application is filed on 07.11.2025 to set aside abatement order dated 31.01.2025 in S.B. Civil First Appeal No. 551/2009 passed by this Court thereby dismissing the appeal in abatement.

2. The facts of the case are that a civil suit is filed by Asin (since deceased) against Inder Singh (since deceased) for specific performance and permanent injunction and same was decided as Civil Suit No. 390/2007 (186/2007) by Learned Additional District Judge (Fast Track Court), Tijara, Dist. Alwar on 22.07.2009. The trial court has allowed the plaint and decreed the suit for specific performance against defendant Inder Singh. Aggrieved Inder Singh has preferred First Appeal 551/2009 before this court on 18.08.2009 and same was admitted on 03.02.2012 and interim order dated 30.09.2009 was passed to stay the decree and judgment dated 22.07.2009 only to the extent of registration of sale deed.

3. When S.B. Civil First Appeal No. 551/2009 is listed before this court on 31.01.2025, then it has come to the notice that appellant Inder Singh expired on 29.07.2018 whereas respondent Asin expired on 28.06.2015, and no steps were taken. Application No. 1/2025 is filed under Order 22 Rule 10A of CPC to intimate death of sole respondent Asin but no application for substitution of legal heir was filed on behalf of appellant Inder Singh. This court has passed following order on 31.01.2025:

1. Considered application No. 1/25 filed under Order 22 Rule 10-A CPC filed to intimate death of sole respondent-Asin on

28.06.2015.

2. Learned counsel for respondent further referred the fact that sole appellant Inder Singh has also died on 29.07.2018.

3. After death of appellant as well as of respondent no steps were taken to implead and substitute legal heirs, therefore, the appeal stands abated.

4. In view of aforesaid, the appeal stands abated and dismissed in abatement with pending application(s), if any.

4. Instant application is filed by the counsel for petitioner with supporting affidavit of Balbir Singh, son of Inder Singh to set aside the abatement order dated 31.01.2025.

5. Learned Counsel appearing on behalf of petitioner submits that petitioner has filed an online application on 11.03.2025 but same is not available on record. He further submitted that petitioner is not aware about the pendency of Civil First Appeal No. 551/2009 but as soon as he came to know about the dismissal of appeal, he has contacted his lawyer and then he filed an application. He further submitted that application is not listed before this court and ultimately the petitioner has to file current application for