Citation : 2026 Latest Caselaw 1715 Raj
Judgement Date : 4 February, 2026
[2026:RJ-JD:6275]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Restoration No. 431/2025
1. Lrs Of Ghanshyam, S/o Shri Vijay Raj Sharma, Through
Lrs-
1/1. Champa Joshi W/o Late Shri Ghanshyam, Aged About 88
Years, 6/108 Mukta Prasad Nagar, Bikaner (Raj.)
1/2. Raghuveer Raj S/o Late Shri Ghanshyam, Aged About 64
Years, 6/108 Mukta Prasad Nagar, Bikaner (Raj.)
1/3. Vandana Purohit D/o Late Shri Ghanshyam, Aged About
59 Years, 6/108 Mukta Prasad Nagar, Bikaner (Raj.)
----Petitioners
Versus
Jagdish Chandra Vyas S/o Bal Krishan Vyas Ameta, Brahmpole,
Udaipur, Rajasthan
----Respondent
For Petitioner(s) : Mr. Mukul Krishna Vyas
Mr. Mohit K. Vyas
For Respondent(s) : Mr. Jagdish Vyas
HON'BLE MS. JUSTICE REKHA BORANA
Order
04/02/2026
1. The present restoration application has been filed aggrieved
of order dated 04.01.2024 passed in S.B. Civil Second Appeal
No.55/1993 whereby the Court dismissed the appeal for want of
prosecution. On the said date, the Court observed that none had
appeared for the appellant since last five dates, whenever the
matter was listed.
2. The present restoration application is reported to be barred
by 650 days.
(Uploaded on 04/02/2026 at 02:58:57 PM)
[2026:RJ-JD:6275] (2 of 2) [CRES-431/2025]
3. Reply to the restoration application has been filed by
counsel for the respondents while controverting the reasons
assigned in the application.
4. Heard the Counsels.
5. The delay caused in filing the present restoration application
is condoned, however, at a cost of Rs.2000/- to be paid to counsel
for the respondents within a period of one week from now.
Application under section 5 of the Limitation Act is hence, allowed.
6. For the reasons stated in the restoration application, the
same is allowed.
7. Let S.B. Civil Second Appeal No.55/1993 be restored to its
original number subject to the receipt of payment of cost been
submitted by counsel for the petitioner.
(REKHA BORANA),J 184-manila/-
(Uploaded on 04/02/2026 at 02:58:57 PM)
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