Smt. Bhonri Devi D/O Late Shri ... vs Smt. Chhoti Lal S/O Late Shri Boma
2022 Latest Caselaw 2019 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 96/2022

Smt. Bhonri Devi D/o Late                 Shri     Ramnarayan,       W/o   Shri
Chauthmal Kumawat & Anr.
                                                                  ----Appellants
                                   Versus
Smt. Chhoti Lal S/o Late Shri Boma & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Amitabh Jatav For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/03/2022

Appellants-plaintiffs have filed this appeal assailing the

judgment and decree dated 11.11.2019 passed by Additional

District Judge No.19, Jaipur Metropolitan (Head Quarter Sanganer)

in Civil Suit No.420/2013 whereby and wherein their civil suit for

partition, declaration and permanent injunction was dismissed.

There is some delay in filing the appeal, therefore separate

application under Section 5 of Limitation Act has also been filed.

Counsel for appellants submits that Hon'ble Supreme Court

has extended the limitation from 15.03.2020 to 28.02.2022. this

appeal was filed on 25.01.2022. Considering the extension of

limitation by Hon'ble Supreme Court, the delay in filing the appeal

remains in few days only for which the appellants have furnished

sufficient cause in their application supported by affidavit. Thus,

application under Section 5 of Limitation Act stands allowed.

Heard the counsel for appellants on appeal.

Admit.

                                                              (2 of 2)                               [CFA-96/2022]



                                         Call for the record.

Issue notice of appeal as well as stay application.

Having considered the facts and circumstances of the case,

both parties are directed to maintain status quo in relation to the

property in question.

(SUDESH BANSAL),J

Saurabh/59

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