Hakeem Khan vs Kailash
2021 Latest Caselaw 9141 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 158/2020

1. Hakeem Khan S/o Shri Gulab Khan, Aged About 70 Years, R/o Mohrai, Via Nimbaj, Tehsil Jaitaran, District Pali.

2. Mohamaddin S/o Shri Hakeem Khan, Aged About 40 Years, R/o Mohrai, Via Nimbaj, Tehsil Jaitaran, District Pali.

----Appellants Versus

1. Kailash S/o Shri Hapuram, R/o Moharai, Tehsil Jaitaran, District Pali.

2. Devaram S/o Shri Hapuram, R/o Moharai, Tehsil Jaitaran, District Pali.

----Respondents

For Appellant(s) : Mr. Manish Rajpurohit For Respondent(s) : Mr. Jaga Ram Nai

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

08/04/2021

The office has indicated that the appeal is barred by 152

days, whereas, in view of the order dated 08.03.2021 passed by

Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.

3/2020 In Re.: Cognizance for extension of limitation, the period

between 15.03.2020 till 14.03.2021 is required to be excluded, in

view thereof, the appeal would be barred by about 3 days only.

The reason indicated for non-filing of the appeal under

Section 5 of the Limitation Act is on account of delayed knowledge

about passing of the impugned judgment and on account of

COVID - 19 situation.

(2 of 2) [CSA-158/2020]

In view thereof, the application under Section 5 of the

Limitation Act is allowed. The delay of 3 days in filing the appeal is

condoned. A copy of memo of appeal be supplied to learned

counsel appearing for the respondents No.1 & 2.

(ARUN BHANSALI),J 46-Sachin/-

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