Rajasthan High Court - Jaipur
Roop Narayan Meena @ Babu Lal Bagrana Son ... vs Shri Hardev Meena (Since Deceased) Son ... on 16 January, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 27050/2018
Roop Narayan Meena @ Babu Lal Bagrana Son Of Shri Ram
Sahai Meena, aged about 46 years, resident of Village Vijaypura,
Behind 52 Feet Hanuman, Agra Road, Jaipur.
----Petitioner
Versus
1. Shri Hardev Meena (Since Deceased) Son Of Shri Tulsa Ram
Meena, aged about 64 years
2. Kailash Chand Meena son of Shri Hardev Meena, aged 44
years
3. Chothu Ram Meena son of Shri Hardev Meena, aged about 39
years
All by caste Meena, resident of Village Luniyawas, Tehsil
Sanganer, District Jaipur. At present residing Old Bagrana,
Behind Margo Ki Dhani, Mili Ki Kothi, Agra Road, Jaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. Ravi Kant Sharma HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 16/01/2019 In this writ petition, following prayer is made by the petitioner :-
"(1) By an appropriate writ, order or direction your Lordships may kindly be pleased to quash and set aside the order dated 10.11.2016 passed by ADJ No. 18 in Civil Suit No. 156/2014 and further the application filed by the petitioner under Order 22 Rule 4 CPC may kindly be allowed.
(2) Any other relief which the Hon'ble Court may deem fit and proper may kindly be passed in favour of the petitioner."
(Downloaded on 05/06/2021 at 09:17:37 PM)
(2 of 2) [CW-27050/2018] From the perusal of impugned order dated 10.11.2016, it reveals that petitioner was informed by respondents regarding the death of defendant No.-1 on 05.02.2015. Thereafter, an application for substitution under Order 1 Rule 10 CPC was filed by the petitioner- plaintiff on 18.05.2015. The same was dismissed as not pressed vide order dated 10th September, 2015. Thereafter, another application under Order 22 Rule 4 CPC was filed on 03.11.2015 without filing any applications for setting aside the abatement of suit and for condonation of delay, which was dismissed by learned Additional Sessions Judge No. 18, Jaipur Metro vide impugned order dated 10.11.2016, which doesn't require any interference while exercising writ jurisdiction of this Court, therefore, the writ petition devoids merit, which is hereby dismissed.
(BANWARI LAL SHARMA)J S. Kumawat/172 (Downloaded on 05/06/2021 at 09:17:37 PM) Powered by TCPDF (www.tcpdf.org)