HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
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S.B. Civil Misc. Appeal No. 932/2020.
1. State Of Rajasthan through the District Collector, Pratapgarh, District Pratapgarh (Raj.)
2. Superintendent Of Police, District Pratapgarh (Raj.)
----Appellants Versus
1. Kachru Lal S/o Shri Dhanna Balai, R/o Meerawata, Tehsil Arnod, District Pratapgarh (Raj.)
2. Smt. Nandu Bai W/o Shri Kachru Lal Balai, R/o Meewawata, Tehsil Arnod, District Pratapgarh (Raj.)
----Respondents For Appellant(s) : Mr. Anil Bissa, Government Advocate.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Or18 daysder 31/03/2021 This Civil Misc. Appeal is reportedly time barred by 18 days. Heard learned Government Advocate Mr. Bissa on the application filed under Section 5 of the Limitation Act, seeking condonation of delay in filing the present misc. appeal.
For the reasons and grounds mentioned in the application, delay in filing the present Misc. Appeal is condoned.
As per the learned Government Advocate appearing on behalf of the appellants, final negative report was submitted by the prosecution; that thereafter, protest petition was also (Downloaded on 31/03/2021 at 08:49:25 PM) (2 of 2) [CMA-932/2020] dismissed by the learned Tribunal; that the statements produced in evidence has also not been considered by the learned Tribunal.
Having heard learned Government Advocate appearing on behalf of the appellants and having scanned through the entire material available on record, this Court is opinion that this Misc. Appeal deserves to be admitted.
Admit.
Issue notice to the respondents. Issue notice of the stay application. Rule is made returnable within a period of six weeks.
In the meanwhile, effect, operation and execution of the impugned judgment and award dated 23.10.2019 passed by the Motor Accident Claims Tribunal, Pratapgarh in Claim Case No. 52/2017 (140/2011) shall remain stayed subject to the condition that the appellants shall deposit before the Tribunal concerned 50% of the award amount with interest, inclusive of the amount already deposited, within a period of six weeks from today. The said amount may be disbursed to the respondents-claimants by the Tribunal concerned as per the award.
List the matter after six weeks.
(DEVENDRA KACHHAWAHA),J 3-Mohan/-
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