Smt Chetan Bala And Others vs Banwari Lal Sharma ...

Citation : 2023 Latest Caselaw 4563 Raj/2
Judgement Date : 4 September, 2023

Rajasthan High Court
Smt Chetan Bala And Others vs Banwari Lal Sharma ... on 4 September, 2023
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:20767]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

            S.B. Civil Restoration Application No. 165/2017

                                        In

                 S.B. Civil Second Appeal No.152/2012

 1.       Smt. Chetan Bala Suchlecha W/o Shri Girdhari Lal
          Suchlecha @ Gyanchand Suchlecha,
 2.       Ku. Shashi Mehta D/o Late Shri Rangraj Mehta,
 3.       Smt. Roshan Mehta D/o Late Shri Rangraj Mehta,
 4.       Shri Rajendra Mehta S/o Late Shri Rangraj Mehta,
          All are R/o 148 Balvede Re Court Flat No. 1, Maharashi
          Karve Road, Mumbai
                                                   ----Appellants/Defendants
                                    Versus
 Shri Banwari Lal Sharma S/o Late Bhuralal Sharma, R/o
 Rajendra Bhawan, Near Railway Hospital, Beawar Road, Ajmer
                                                       ----Respondent/Plaintiff

For Petitioner(s) : Mr. Rahul Ghiya for Mr. V.K. Mathur For Respondent(s) : Mr. Nishant Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 04/09/2023 This restoration application, which is reported to be time barred by 297 days, is accompanied with an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay.

For the reasons stated in the application (819/2017), which is not opposed by learned counsel for the non- applicant/respondent, the same is allowed. Delay in preferring the restoration application is condoned. (Downloaded on 11/11/2023 at 07:46:18 PM)

[2023:RJ-JP:20767] (2 of 2) [CRES-165/2017] For the reasons stated in the restoration application, which is not seriously opposed by the learned counsel for the non- applicant/respondent, the same is allowed subject to cost of ₹5,000/-.

The order dated 26.05.2016 passed by this Court is recalled. The SB Civil Second Appeal No.152/2012 shall stand restored to its original number provided the aforesaid cost is paid by the applicants/appellants to the respondent within a period of two weeks from today failing which this order shall stand recalled and the restoration application shall stand dismissed without reference to the Court.

(MAHENDAR KUMAR GOYAL),J Manish/99 (Downloaded on 11/11/2023 at 07:46:19 PM) Powered by TCPDF (www.tcpdf.org)