1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Gajra Kanwar Vs. Board of Revenue, Ajmer & Ors. S.B.CIVIL WRIT PETITION NO.7339/2007 Date of Order : : 21/08/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Abhimanyu Singh & Rohitash Singh for Mr.Pushpendra Singh Bhati, for the petitioner. Mr.Sandeep Shah, for the respondents No. 2 & 3. BY THE COURT: An application being IA No.3409/2008 under Order 22 Rule 3 CPC has been filed on behalf of Legal Heir of the petitioner-Gazra Kanwar stating therein that petitioner Gajra Kanwar W/o late Shri Bhair Singh has expired on 9.3.2008. A copy of death certification dated 10.3.2008 issued by a competent authority has been placed on record. It is submitted that by an adoption deed in favour of Pratap Singh, who is the respondent No.4/1, in the capacity of Pratap Singh 2 S/o of late Shri Jog Singh, the deceased adopted Pratap Singh as a son. A copy of adoption deed has also been placed on record as Annexure-6 and it is stated therein that Pratap Singh is the legal representative of the deceased. Learned counsel for the respondent submits that Pratap Singh is not the Legal Representative of deceased Gajra Kanwar. Even in amended cause-title filed along with application, the name of Pratap Singh has not been mentioned as a petitioner and it has only been mentioned “legal heir of late Smt.Gajra Kanwar W/o of late Shri Bhair Singh” and Pratap Singh S/o Jog Singh has been impleaded as respondent No.4/1 in the amended cause-title. From the facts noticed above, it appears that at any stage, the petitioner did not come with the case that Pratap Singh is her adopted son. Even in whole of the writ petition, it has nowhere been mentioned that Pratap Singh is adopted son of Gajra Kanwar. Apart from this, in the amended cause-title, Pratap Singh has been impleaded as respondent No.4/1 showing the Legal Representative of Jog Singh. In the circumstances, therefore, Pratap Singh cannot be substituted as a petitioner and he already allowed himself as respondent No.4/1 in the individual capacity as son of Jog Singh. In the circumstances, therefore, the writ petition 3 stands abated on the death of petitioner-Gajra Kanwar. Both the applications filed by Pratap Singh being IA No.10189/2008 seeking withdrawal of the writ petition and IA 3409/2008 for taking legal heir of the petitioner-deceased on record are rejected. However, it is open for respondent Pratap Singh to establish by appropriate proceeding that he is the adopted son of the deceased. The writ petition stands dismissed as abated. (H.R.PANWAR), J. NK 4 S.B.CIVIL MISC.STAY APPLICATION NO.7039/2007 IN S.B.CIVIL WRIT PETITION NO.7339/2007 Date of Order : : 21/08/2008 HON'BLE MR.JUSTICE H.R.PANWAR Mr.Abhimanyu Singh & Rohitash Singh for Mr.Pushpendra Singh Bhati, for the petitioner. Mr.Sandeep Shah, for the respondents No. 2 & 3. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. NK