Murti Mandir Shri Gopalji Maharaj vs State Of Rajasthan ...
2023 Latest Caselaw 4701 Raj/2

[2023:RJ-JP:21668]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Restoration Application No. 29/2020
                                        In
                 S.B. Civil Second Appeal No.602/2017

Murti Mandir Shri Gopalji Maharaj, Near Station Road, Bhairu
Darwaja, Sawai Madhopur, Through Its Poojari And Manager
Chakradhar Sharma S/o Shri Jatta Shankar Sharma, Aged About
73 Years, Resident Of Bhairu Gate, Distt. Sawai Madhopur
Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Collector, Sawai Madhopur,
         Rajasthan
2.       Tehsildar, Land Holder, Sawai Madhopur
3.       Aftab Ali S/o Munsi Jamir Ali, Field Officer Branch Office
         LIC of India, Office Sawai Madhopur
4.       Arif Ali S/o Abid Ali, Resident Of Hammal Mohalla, Sawai
         Madhopur, At Present Advocate Court Campus, Sawai
         Madhopur
5.       Smt. Khalika W/o Abid Ali, Resident Of Hammal Mohalla,
         City Sawai Madhopur,
6.       Abid Ali S/o Munsi Jameen Ali, Resident Of Hammal
         Mohalla, City Sawai Madhopur, At Present Advocate Court
         Campus, Sawai Madhopur
7.       Kailash Chand S/o Shri Purshottam, Near Old Nizamat
         Sawai Madhopur (Deceased) Through Lrs
7/1.     Smt. Kunti W/o Shri Kailash Chand Sharma, Near
         Raghunath Ji Ka Mandir, Purani Nizamat City, Sawai
         Madhopur
7/2.     Deepak Kumar S/o Shri Kailash Chand Sharma, Near
         Raghunath Ji Ka Mandir, Purani Nizamat City, Sawai
         Madhopur
7/3.     Sunil Kumar S/o Shri Kailash Chand Sharma, Near
         Raghunath Ji Ka Mandir, Purani Nizamat City, Sawai
         Madhopur
7/4.     Manoj Kumar S/o Shri Kailash Chand Sharma, Near
         Raghunath Ji Ka Mandir, Purani Nizamat City, Sawai
         Madhopur
                                                                 ----Respondents

For Petitioner(s) : Mr. Kailash Choudhary For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

[2023:RJ-JP:21668] (2 of 2) [CRES-29/2020]

Judgment / Order

11/09/2023

This restoration application, which is reported to be time

barred by 656 days, is accompanied with an application under

Section 5 of the Limitation Act, 1963 seeking condonation of

delay.

Although, the reasons assigned in the application (269/2020)

are not satisfactory; but, in the interest of justice, the same is

allowed subject to cost of ₹5,000/-. Delay in preferring the

restoration application is condoned.

For the reasons stated in the restoration application, the

same is allowed subject to cost of ₹5,000/-.

The orders dated 02.11.2017 passed by this Court &

06.03.2018 passed by the Deputy Registrar (Judl.) are recalled.

The SB Civil Second Appeal No.602/2017 shall stand restored to

its original number provided the defects in it are cured and the

aforesaid cost of ₹5,000/- + ₹5,000/- is deposited by the

applicant/appellant with the Litigants Welfare Fund 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/154

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