Rajasthan High Court
Rakesh Singh S/O Ramjilal vs Vinod Bai W/O Surajmal on 10 May, 2022
Bench: Madan Gopal Vyas
(1 of 3) [CFA-866/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 866/2019
Urban Improvement Trust, Kota Through Secretary, CAD
Crossing Kota
----Appellant
Versus
1. Vinod Bai W/o Surajmal, R/o Village Panaheda, Tehsil
Sangod District Kota Rajasthan
2. Satyanarayan S/o Ramlal, R/o Village Panaheda, Tehsil
Sangod District Kota Rajasthan
3. Mankanwar W/o Satyanarayan, R/o Village Panaheda,
Tehsil Sangod District Kota Rajasthan
4. Laxmi D/o Satyanarayan, R/o Village Panaheda, Tehsil
Sangod District Kota Rajasthan
5. Raghav, Aged About 9 Years, Minor Through His Mother
And Natural Guardian Vinod Bai, R/o Village Panaheda,
Tehsil Sangod District Kota Rajasthan
6. Himanshi, Aged About 6 Years, Minor Through Her Mother
And Natural Guardian Vinod Bai, R/o Village Panaheda,
Tehsil Sangod District Kota Rajasthan
7. Rakesh Singh S/o Ramjilal, R/o Piliva, Police Station
Sainthal, District Dausa Rajasthan
8. Janta Tent House, Through Proprietor Sindhi Camp,
Shekhwati Hotel Building, Station Road, Jaipur Rajasthan
9. Jitendra Kumar S/o Mohanlal, R/o B-1/2, Hari Nagar
Shastri Nagar Jaipur For Manager Proprietor Janta Tent
House, Sindhi Camp Jaipur Rajasthan
10. State Of Rajasthan, Through District Collector Kota.
----Respondents
Connected With
S.B. Civil First Appeal No. 1021/2019
1. Rakesh Singh S/o Ramjilal, R/o Pilva, Police Station
Sainthal, District Dausa Rajasthan
2. Janta Tent House, Through Proprietor Sindhi Camp,
Shekhwati Hotel Building, Station Road, Jaipur Rajasthan
3. Jitendra Kumar S/o Mohanlal, R/o B-1/2, Hari Nagar
(2 of 3) [CFA-866/2019]
Shastri Nagar Jaipur For Manager Proprietor Janta Tent
House, Sindhi Camp Jaipur Rajasthan
----Appellants
Versus
1. Vinod Bai W/o Surajmal, R/o Village Panaheda, Tehsil
Sangod District Kota Rajasthan
2. Satyanarayan S/o Ramlal, R/o Village Panaheda, Tehsil
Sangod District Kota Rajasthan
3. Mankanwar W/o Satyanarayan, R/o Village Panaheda,
Tehsil Sangod District Kota Rajasthan
4. Laxmi D/o Satyanarayan, R/o Village Panaheda, Tehsil
Sangod District Kota Rajasthan
5. Raghav, Aged About 9 Years, Minors Through his Mother
And Natural Guardian Vinod Bai, R/o Village Panaheda,
Tehsil Sangod District Kota Rajasthan
6. Himanshi, Aged About 6 Years, Minors Through her
Mother And Natural Guardian Vinod Bai, R/o Village
Panaheda, Tehsil Sangod District Kota Rajasthan
7. Urban Improvement Trust, Kota Through Secretary, CAD
Crossing Kota
8. State Of Rajasthan Through District Collector, Kota
----Respondents
For Appellant(s) : Mr. Satya Narayan Kumawat,
Advocate
Mr. Sanjay Verma, Advocate
For Respondent(s) : Mr. S. Gaharana, Advocate
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
10/05/2022
IA Nos.01/2022 in S.B. Civil First Appeal Nos. 866/2019 &
1021/2019:-
The aforesaid applications have been filed by the learned
counsel for the applicants-appellants in S.B. Civil First Appeal Nos.
866/2019 & 1021/2019 seeking extension of time for the
(3 of 3) [CFA-866/2019]
deposition of 50% of the decreetal amount granted by this Court
vide order dated 13.12.2021.
Learned counsel for the applicants-appellants submits that
though this Court granted one month's time for deposition of 50%
of the decreetal amount with the District Judge concerned, but
since the requisite sanction could not be recevied, therefore, the
said amount could not be deposited in time. Therefore, it is
prayed that while allowing the applications, the time for depositing
the 50% of the decreetal amount may be extended.
Per contra, learned counsel appearing for the respondents
opposed the applications and submits that on 09.03.2022, when
both the first appeals were listed before this Court, learned
counsel appearing for the applicant-UIT has given a wrong
statement that the applicant-UIT has already deposited 50% of
the decreetal amount in compliance of the order dated
13.12.2021.
Having regard to the facts and circumstances of the present
case and in the interest of justice, both the applications are
allowed. The time for depositing the 50% of the decreetal amount
is, thus, extended. In compliance to order dated 13.12.2021, now
the applicant-UIT is permitted to deposit the 50% of the decreetal
amount within a period of 15 days from today.
List the main appeals on 27.05.2022.
(MADAN GOPAL VYAS),J
Mohita /24-25
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