Puran Son Of Moola vs Chhitariya Son Of Raghuvar Dayal ...
2022 Latest Caselaw 2955 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

              D.B. Civil Special Appeal Writ No. 327/2021

                                          In

                S.B. Civil Writ Petition No. 20226/2018

   1.      Puran Son of Moola, Aged About 78 Years, R/o Village
           Naurangabad, Tehsil Sepau, District Dholpur (Rajasthan)
   2.      Mangla Son Of Moola, Aged About 65 Years, R/o Village
           Naurangabad, Tehsil Sepau, District Dholpur (Rajasthan)
                                                                     ----Appellants
                                      Versus
   1.      Chhitariya Son of Raghuvar Dayal (Since Deceased),
           Through His LR's:-
   1/1.    Mahesh Son Of Late Chhitariya, R/o Naurangabad, Tehsil
           Sepau, District Dholpur (Rajasthan)
   1/2.    Angoori Devi D/o Late Chhitariya W/o Ramniwas, (Since
           Deceased) Through Her LR's:-
   1/2/1. Pawan Kumar S/o Ramniwas, Minor Through Natural
           Father     Ramniwas,       R/o      Naurangabad,         Tehsil   Sepau,
           District Dholpur (Rajasthan)
   1/2/2. Pooja D/o Ramniwas, Minor Through Natural Father
           Ramniwas, R/o Naurangabad, Tehsil Sepau, District
           Dholpur (Rajasthan)
   1/3.    Usha Devi D/o Late Shri Chhitariya W/o Bhudev,
           Resident of Arawaie, Tehsil Kirawali, District Agra (U.P)
   1/4.    Maya Devi D/o Late Shri Chhitariya W/o Mahesh Chand,
           R/o Dharmpura, Tehsil Mahavan, District Mathura (U.P.)
   2.      Shrilal    Son     Of     Raghuvar          Dayal       Ramniwas,   R/o
           Naurangabad, Tehsil Sepau, District Dholpur (Rajasthan)
   3.      State Of Rajasthan, Through Tehsildar, Dholpur.
                                                                   ----Respondents

For Appellant(s) : Mr. T.C. Vyas, Advocate

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN

(2 of 2) [SAW-327/2021]

Judgment / Order

07/04/2022

Heard on prayer for condonation of delay in filing the appeal.

The judgment was passed by the learned Single Judge on

19.09.2018. Even this Court excludes period from March, 2020

onwards, there is hardly any explanation for condonation of delay

in filing the appeal as to why the appellant could not approach this

Court till March, 2020 as against the judgment dated 19.09.2018

passed by the learned Single Judge.

No specific averments have been made in the application,

but only vague statements have been made, not supported by any

statement of fact or material.

Therefore, there is no ground to condone the delay in filing

the appeal.

Accordingly, Application No. 152/2021 for condonation of delay is,

therefore, dismissed.

Consequently, the appeal is also dismissed as barred by limitation.

(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Mohita /24

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