Fateh Singh S/O Shri Sardar Harlal ... vs Narendra Singh (Deceased, Died On ...

Citation : 2023 Latest Caselaw 4854 Raj/2
Judgement Date : 13 September, 2023

Rajasthan High Court
Fateh Singh S/O Shri Sardar Harlal ... vs Narendra Singh (Deceased, Died On ... on 13 September, 2023
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:22490]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Restoration Application No. 37/2020

                                         In

                 S.B. Civil Second Appeal No.394/2011

1.       Fateh Singh S/o Shri Sardar Harlal Singh, Aged About 85
         Years, Resident Of O-1-B, Hospital Road, C-Scheme,
         Jaipur (Raj)
1/1.     Smt. Laxmi Devi W/o Late Shri Fateh Singh, Aged About
         67 Years, Resident Of O-1-B, Hospital Road, C-Scheme,
         Jaipur (Raj)
1/2.     Sanjay Singh S/o Lae Shri Fateh Singh, Aged About 50
         Years, Resident Of O-1-B, Hospital Road, C-Scheme,
         Jaipur (Raj)
1/3.     Rajiv Singh S/o Late Shri Fateh Singh, Aged About 47
         Years, Resident Of O-1-B, Hospital Road, C-Scheme,
         Jaipur (Raj)
1/4.     Rohit Singh S/o Late Shri Fateh Singh, Aged About 42
         Years, Resident Of O-1-B, Hospital Road, C-Scheme,
         Jaipur (Raj)
1/5.     Smt. Pratibha Singh D/o Late Shri Fateh Singh W/o Shri
         Mangi Lal Bichar, Aged About 52 Years, Resident Of Shiv
         Colony, Moti Nagar West, Jaipur (Raj)
1/6.     Smt. Anita Singh D/o Late Shri Fateh Singh W/o Shri
         Rajnesh Rana, Aged About 45 Years, Resident Of 377-A,
         Gyatri Nagar-A, Maharani Farm, Durgapura, Jaipur (Raj)
1/7.     Smt. Anupama Singh D/o Late Shri Fateh Singh W/o Shri
         Naresh Rana, Aged About 40 Years, Resident Of 376,
         Gyatri Nagar-A, Maharani Farm, Durgapura, Jaipur (Raj)
                                                                  ----Petitioners
                                     Versus
1.       Narendra Singh (Deceased, Died On 12.09.2000),
1/1.     Smt. Prem Kumari W/o Late Shri Narendra Singh, Aged
         About 73 Years, Resident Of O-1-B, Hospital Road, C-
         Scheme, Jaipur (Raj)
2.       Anil Kumar
3.       Sunil Kumar



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                                    [2023:RJ-JP:22490]                       (2 of 2)                        [CRES-37/2020]


                                   4.         Vijai Kumar
                                   5.         Sunita D/o Late Shri Narendra Singh,
                                              Respondents No.2 to 5 all are sons and daughter of Late

Shri Narendra Singh, Resident Of O-1-B, Hospital Road, Jaipur (Raj)

----Respondents For Petitioner(s) : Mr. Ashok Kumar Praeek For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 13/09/2023 Since, as per the officer report, the restoration application is within limitation, learned counsel for the applicants does not press the application no.842/2020.

The application is dismissed accordingly. For the reasons stated in the restoration application, the same is allowed subject to deposition of a cost of Rs.2500/- by the appellants in the Litigants Welfare Fund. The order dated 04.09.2019 passed by this Court is recalled. The civil second appeal shall stand restored to its original number provided the needful in the civil second appeal is done and the cost is deposited within a period of three weeks failing which this order shall stand recalled and the civil restoration application shall stand dismissed without reference to the Court.

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