Smt Chetan Bala And Others vs Banwari Lal Sharma ...
2023 Latest Caselaw 4563 Raj/2

[2023:RJ-JP:20767]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

            S.B. Civil Restoration Application No. 165/2017

                                        In

                 S.B. Civil Second Appeal No.152/2012

 1.       Smt. Chetan Bala Suchlecha W/o Shri Girdhari Lal
          Suchlecha @ Gyanchand Suchlecha,
 2.       Ku. Shashi Mehta D/o Late Shri Rangraj Mehta,
 3.       Smt. Roshan Mehta D/o Late Shri Rangraj Mehta,
 4.       Shri Rajendra Mehta S/o Late Shri Rangraj Mehta,
          All are R/o 148 Balvede Re Court Flat No. 1, Maharashi
          Karve Road, Mumbai
                                                   ----Appellants/Defendants
                                    Versus
 Shri Banwari Lal Sharma S/o Late Bhuralal Sharma, R/o
 Rajendra Bhawan, Near Railway Hospital, Beawar Road, Ajmer
                                                       ----Respondent/Plaintiff

For Petitioner(s) : Mr. Rahul Ghiya for Mr. V.K. Mathur For Respondent(s) : Mr. Nishant Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

04/09/2023

This restoration application, which is reported to be time

barred by 297 days, is accompanied with an application under

Section 5 of the Limitation Act, 1963 seeking condonation of

delay.

For the reasons stated in the application (819/2017), which

is not opposed by learned counsel for the non-

applicant/respondent, the same is allowed. Delay in preferring the

restoration application is condoned.

[2023:RJ-JP:20767] (2 of 2) [CRES-165/2017]

For the reasons stated in the restoration application, which is

not seriously opposed by the learned counsel for the non-

applicant/respondent, the same is allowed subject to cost of

₹5,000/-.

The order dated 26.05.2016 passed by this Court is recalled.

The SB Civil Second Appeal No.152/2012 shall stand restored to

its original number provided the aforesaid cost is paid by the

applicants/appellants to the respondent within a period of two

weeks from today failing which this order shall stand recalled and

the restoration application shall stand dismissed without reference

to the Court.

(MAHENDAR KUMAR GOYAL),J

Manish/99

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