Dalu S/O Shonarayan Mali vs District Forest Officer
2022 Latest Caselaw 7240 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               S.B. Civil Second Appeal No.309/2020

Dalu S/o Shonarayan Mali
                                                                     ----Appellant
                                     Versus
District Forest Officer & Anr.
                                                                  ----Respondents

For Appellant(s)           :     Mr. Jahangir Alam
For Respondent(s)          :     Mr. Zakir Hussain



               HON'BLE MR. JUSTICE SUDESH BANSAL

                                      Order

14/11/2022

1. Appellant-plaintiff has filed this civil second appeal assailing

the judgment and decree dated 11.10.2019 passed in Civil Appeal

No.11/2014 by the Court of Additional District Judge No.2, Bundi

Camp Nainwa, affirming the judgment and decree dated

14.05.2019 passed in Civil Suit No.17/2008 by the Court of Civil

Judge (JD) Nainwa, District Bundi whereby and whereunder his

civil suit for permanent injunction has been dismissed.

2. Counsel for appellant-plaintiff submits that earlier in good

faith and by bona fide mistake, appellant preferred civil

miscellaneous appeal No.395/2020 challenging the impugned

orders but when the mistake was realized, miscellaneous appeal

has been withdrawn with liberty to file second appeal vide order

dated 05.11.2020 and thereafter this second appeal has been filed

on 26.11.2020.

3. Counsel for appellant prays that the time spent during the

pendency of civil miscellaneous appeal may be excluded.

(2 of 2) [CSA-309/2020]

4. For reasons mentioned hereinabove and stated in the

application for condonation of delay, this Court finds that the time

spent during the course of civil miscellaneous appeal deserves to

be excluded by virtue of Section 14 of the Limitation Act and delay

in filing this second appeal is liable to be condoned.

5. Thus, the application under Section 5 of the Limitation Act is

allowed. Delay is condoned.

6. List on 21.11.2022 for admission.

(SUDESH BANSAL),J

SAURABH/66

Powered by TCPDF (www.tcpdf.org)