Smt. Kanta Devi W/O Late Sh. Nathu ... vs Shankar Singh S/O Sh. Mehtab Singh
2022 Latest Caselaw 1922 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 718/2020

Smt. Kanta Devi W/o Late Sh. Nathu Ji Daroga
                                                                       ----Appellant
                                   Versus
Shankar Singh S/o Sh. Mehtab Singh
                                                                     ----Respondent

For Appellant(s) : Mr. Neeraj Kumar Tiwari For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

03/03/2022

The matter comes up on an application (I.A.No.1/2021) for

early listing of the matter filed by the appellant.

For the reasons mentioned in the application, the same is

allowed.

The appellant-defendant has preferred this first appeal

assailing the judgment and decree dated 07.12.2019 passed by

learned Additional District & Session Judge No.1, Ajmer in civil suit

No.142/2011 whereby and whereunder the respondent-plaintiff for

possession has been decreed. The appeal is barred by 186 days.

Learned counsel for appellant submits that after passing the

impugned judgment, from March 2020, because of Pandemic

Covid-19, the appeal could not be filed within time.

Considering the reasons mentioned in the application

supported with affidavit as also considering the orders of Supreme

Court to condone the delay during the period of Covid-19

Pandemic, the same is allowed. The delay in filing of appeal is

condoned.

(2 of 2) [CFA-718/2020]

Heard learned counsel for appellant on appeal.

Admit.

Issue notice of appeal as also stay application.

In the meanwhile, till further orders, the execution of

impugned judgment and decree shall remain stayed and both

parties shall maintain the status quo in relation to the property in

question.

Record of this case be called for.

(SUDESH BANSAL),J

TN/50

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