Rajasthan High Court - Jodhpur
Rajasthan State Mines And Minerals ... vs Durgaram Jat on 22 March, 2021
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2160/2018
Rajasthan State Mines And Minerals Limited
----Appellant
Versus
Lrs Of Kishnaram
----Respondent
Connected With
1. S.B. Civil Misc. Appeal No. 1303/2018
2. S.B. Civil Misc. Appeal No. 1304/2018
3. S.B. Civil Misc. Appeal No. 1305/2018
4. S.B. Civil Misc. Appeal No. 1306/2018
5. S.B. Civil Misc. Appeal No. 1307/2018
6. S.B. Civil Misc. Appeal No. 1308/2018
7. S.B. Civil Misc. Appeal No. 1310/2018
8. S.B. Civil Misc. Appeal No. 1311/2018
9. S.B. Civil Misc. Appeal No. 1312/2018
10. S.B. Civil Misc. Appeal No. 1314/2018
11. S.B. Civil Misc. Appeal No. 1315/2018
12. S.B. Civil Misc. Appeal No. 1319/2018
13. S.B. Civil Misc. Appeal No. 1322/2018
14. S.B. Civil Misc. Appeal No. 1326/2018
15. S.B. Civil Misc. Appeal No. 1327/2018
16. S.B. Civil Misc. Appeal No. 1328/2018
17. S.B. Civil Misc. Appeal No. 1329/2018
18. S.B. Civil Misc. Appeal No. 1330/2018
19. S.B. Civil Misc. Appeal No. 1331/2018
20. S.B. Civil Misc. Appeal No. 1332/2018
21. S.B. Civil Misc. Appeal No. 1333/2018
22. S.B. Civil Misc. Appeal No. 1334/2018
23. S.B. Civil Misc. Appeal No. 1336/2018
24. S.B. Civil Misc. Appeal No. 1339/2018
25. S.B. Civil Misc. Appeal No. 1340/2018
26. S.B. Civil Misc. Appeal No. 1341/2018
27. S.B. Civil Misc. Appeal No. 1342/2018
28. S.B. Civil Misc. Appeal No. 1344/2018
29. S.B. Civil Misc. Appeal No. 1345/2018
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30. S.B. Civil Misc. Appeal No. 1347/2018
31. S.B. Civil Misc. Appeal No. 1348/2018
32. S.B. Civil Misc. Appeal No. 1349/2018
33. S.B. Civil Misc. Appeal No. 1350/2018
34. S.B. Civil Misc. Appeal No. 1354/2018
35. S.B. Civil Misc. Appeal No. 1355/2018
36. S.B. Civil Misc. Appeal No. 1356/2018
37. S.B. Civil Misc. Appeal No. 1357/2018
38. S.B. Civil Misc. Appeal No. 1358/2018
39. S.B. Civil Misc. Appeal No. 1359/2018
40. S.B. Civil Misc. Appeal No. 1360/2018
41. S.B. Civil Misc. Appeal No. 1362/2018
42. S.B. Civil Misc. Appeal No. 1366/2018
43. S.B. Civil Misc. Appeal No. 1367/2018
44. S.B. Civil Misc. Appeal No. 1369/2018
45. S.B. Civil Misc. Appeal No. 1371/2018
46. S.B. Civil Misc. Appeal No. 1372/2018
47. S.B. Civil Misc. Appeal No. 1375/2018
48. S.B. Civil Misc. Appeal No. 1376/2018
49. S.B. Civil Misc. Appeal No. 1377/2018
50. S.B. Civil Misc. Appeal No. 1378/2018
51. S.B. Civil Misc. Appeal No. 1380/2018
52. S.B. Civil Misc. Appeal No. 1381/2018
53. S.B. Civil Misc. Appeal No. 1383/2018
54. S.B. Civil Misc. Appeal No. 1386/2018
55. S.B. Civil Misc. Appeal No. 1389/2018
56. S.B. Civil Misc. Appeal No. 1394/2018
57. S.B. Civil Misc. Appeal No. 1395/2018
58. S.B. Civil Misc. Appeal No. 1862/2018
59. S.B. Civil Misc. Appeal No. 1863/2018
60. S.B. Civil Misc. Appeal No. 1879/2018
61. S.B. Civil Misc. Appeal No. 1880/2018
62. S.B. Civil Misc. Appeal No. 1897/2018
63. S.B. Civil Misc. Appeal No. 1899/2018
64. S.B. Civil Misc. Appeal No. 1901/2018
65. S.B. Civil Misc. Appeal No. 1965/2018
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66. S.B. Civil Misc. Appeal No. 1968/2018
67. S.B. Civil Misc. Appeal No. 1970/2018
68. S.B. Civil Misc. Appeal No. 1972/2018
69. S.B. Civil Misc. Appeal No. 1973/2018
70. S.B. Civil Misc. Appeal No. 1974/2018
71. S.B. Civil Misc. Appeal No. 2021/2018
72. S.B. Civil Misc. Appeal No. 2022/2018
73. S.B. Civil Misc. Appeal No. 2024/2018
74. S.B. Civil Misc. Appeal No. 2025/2018
75. S.B. Civil Misc. Appeal No. 2158/2018
76. S.B. Civil Misc. Appeal No. 2159/2018
77. S.B. Civil Misc. Appeal No. 2161/2018
78. S.B. Civil Misc. Appeal No. 2162/2018
79. S.B. Civil Misc. Appeal No. 1720/2019
80. S.B. Civil Misc. Appeal No. 1721/2019
81. S.B. Civil Misc. Appeal No. 1722/2019
82. S.B. Civil Misc. Appeal No. 1723/2019
83. S.B. Civil Misc. Appeal No. 1724/2019
84. S.B. Civil Misc. Appeal No. 1741/2019
85. S.B. Civil Misc. Appeal No. 1742/2019
86. S.B. Civil Misc. Appeal No. 1743/2019
87. S.B. Civil Misc. Appeal No. 1744/2019
88. S.B. Civil Misc. Appeal No. 1745/2019
89. S.B. Civil Misc. Appeal No. 1747/2019
90. S.B. Civil Misc. Appeal No. 1763/2019
91. S.B. Civil Misc. Appeal No. 1807/2019
92. S.B. Civil Misc. Appeal No. 1812/2019
93. S.B. Civil Misc. Appeal No. 1813/2019
94. S.B. Civil Misc. Appeal No. 1335/2018
95. S.B. Civil Misc. Appeal No. 1309/2018
96. S.B. Civil Misc. Appeal No. 1313/2018
97. S.B. Civil Misc. Appeal No. 1337/2018
98. S.B. Civil Misc. Appeal No. 1338/2018
99. S.B. Civil Misc. Appeal No. 1343/2018
100. S.B. Civil Misc. Appeal No. 1346/2018
101. S.B. Civil Misc. Appeal No. 1351/2018
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102. S.B. Civil Misc. Appeal No. 1363/2018
103. S.B. Civil Misc. Appeal No. 1364/2018
104. S.B. Civil Misc. Appeal No. 1365/2018
105. S.B. Civil Misc. Appeal No. 1368/2018
106. S.B. Civil Misc. Appeal No. 1370/2018
107. S.B. Civil Misc. Appeal No. 1373/2018
108. S.B. Civil Misc. Appeal No. 1374/2018
109. S.B. Civil Misc. Appeal No. 1379/2018
110. S.B. Civil Misc. Appeal No. 1382/2018
111. S.B. Civil Misc. Appeal No. 1384/2018
112. S.B. Civil Misc. Appeal No. 1385/2018
113. S.B. Civil Misc. Appeal No. 1387/2018
114. S.B. Civil Misc. Appeal No. 1388/2018
115. S.B. Civil Misc. Appeal No. 1896/2018
116. S.B. Civil Misc. Appeal No. 1964/2018
117. S.B. Civil Misc. Appeal No. 1967/2018
For Appellant(s) : Mr. Ushman Ghani for
Mr. Tribhuwan Gupta
For Respondent(s) : Mr. Raj Kumar Pareek
Mr. Puneet Jain &
Ms. Priya Pareek, through Video
conferencing on "Cisco Webex App"
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 22/03/2021 S.B. Civil Misc. Appeal No. 1304/2018 :-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent (Downloaded on 23/03/2021 at 08:49:06 PM) (5 of 11) [CMA-2160/2018 a/w connected matters] No.1/1 Hanuman Ram, who died during the pendency of appeal on 16.03.2020.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1/1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1/1 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1308/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Salag Ram Jat, who died during the pendency of appeal on 07.06.2019.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1310/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order (Downloaded on 23/03/2021 at 08:49:06 PM) (6 of 11) [CMA-2160/2018 a/w connected matters] 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Purna Ram Jat, who died during the pendency of appeal on 20.10.2019.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1334/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Ram Karan Jat, who died during the pendency of appeal on 13.12.2018.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal (Downloaded on 23/03/2021 at 08:49:06 PM) (7 of 11) [CMA-2160/2018 a/w connected matters] Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1345/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Bhugana Ram @ Bhagwana Ram, who died during the pendency of appeal on 02.01.2021.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1355/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.2 Salag Ram, who died during the pendency of appeal on 20.12.2020.
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Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.2 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.2 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1367/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Balu Ram Bawari, who died during the pendency of appeal on 11.01.2020.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1369/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the (Downloaded on 23/03/2021 at 08:49:06 PM) (9 of 11) [CMA-2160/2018 a/w connected matters] application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1/1 Smt. Chukli Jat, who died during the pendency of appeal.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1/1 is set- aside and the delay in filing the application is condoned. The Legal Representative of the deceased-Respondent No.1/1 who has already been taken on record as respondent No.1/2. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1973/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Purkha Ram Jat S/o. Late Nenu Ram Jat, who died during the pendency of appeal on 21.06.2018.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record. (Downloaded on 23/03/2021 at 08:49:06 PM)
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S.B. Civil Misc. Appeal No. 2159/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set- aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Sayar Puri Gusai, who died during the pendency of appeal on 06.03.2019.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 2161/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Purkha Ram Jat S/o. Dala Ram Jat, who died during the pendency of appeal on 09.08.2018.
Learned counsel for the respondent has not opposed the application.
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For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record. S.B. Civil Misc. Appeal No. 1896/2018:-
The matter comes upon an application (Inward No.02/2021) preferred by the appellant under Order 22 Rule 4 read with Order 22 Rule 9 of C.P.C. and Section 5 of Limitation Act seeking to set-
aside the abatement of appeal, condonation of delay in filing the application under Order 22 Rule 4 & 9 C.P.C. and bringing on record the Legal Representatives of the deceased-Respondent No.1 Tulsi Das Saad, who died during the pendency of appeal on 28.05.2019.
Learned counsel for the respondent has not opposed the application.
For the reasons mentioned in the application, the same is allowed. The abatement of appeal qua respondent No.1 is set- aside and the delay in filing the application is condoned. The Legal Representatives of the deceased-Respondent No.1 are taken on record. The amended cause-title already filed is taken on record.
List these matters on 07.04.2021 along with other above connected matters, as prayed.
(VINIT KUMAR MATHUR),J 90-183, S-184-207 SunilS/-
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