Kalu Ram And Others vs Sultan And Others
2022 Latest Caselaw 7504 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 439/2015

Kalu Ram And Others
                                                                      ----Appellants
                                     Versus
Sultan And Others
                                                                    ----Respondents

For Appellant(s) : Mr. Anil Kumar Sharma For Respondent(s) : Mr. Hemant Gajraj

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

28/11/2022

Appellant-plaintiffs have filed this first appeal feeling

aggrieved by dismissal of their suit for cancellation of sale deed

and permanent injunction vide impugned judgment and decree

dated 18.04.2015 passed by Additional District Judge,

Srimadhopur, District Sikar in Civil Suit NO.30/2009. Since the

first appeal is delayed by 41 days, therefore application under

Section 5 of the Limitation Act has also been filed.

Notices were issued to respondents.

No reply to the application under Section 5 of the Limitation

Act has been filed.

Heard on the application under Section 5 of the Limitation

Act.

Taking into consideration the reasons assigned with the

application supported with affidavit, the delay of 41 days in filing

the first appeal is condoned.

Application under Section 5 of the Limitation Act stands

disposed of.

(2 of 2) [CFA-439/2015]

Heard on admission also.

Admit.

Issue notice to respondents.

On behalf of respondent No.3, the counsel has already

appeared.

On the request of learned counsel for appellants, notice for

respondent No.4 Sub-Registrar, Srimadhopur is dispensed with.

Notice be issued only to respondents No.1 and 2.

Learned counsel for respondent No.3 seeks time to file reply

to the stay application.

(SUDESH BANSAL),J

TN/6

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