The High Court of Rajasthan allowed a misc. application to restore S.B. Civil First Appeal No. 114/2009, which had been dismissed for non-compliance. The court directed restoration to the original number and listed the matter for future hearing.
Restoration of S.B. Civil First Appeal No. 114/2009 to its original number and listing on 01.12.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Misc. Application No. 48/2023
in
S.B.Civil First Appeal No. 114/2009
---Defendant No.1
----Defendant No.3
----Defendant No.4
All appellants-defendants Nos. 1 to 4 by caste Rajput, residents of ‘Sher Vilas’, Old Pali Road, Opposite Officers Mess, Air Force, Jodhpur.
Versus
----Plaintiff
----Defendant Nos. 5 & 6
----Defendant No.7
----Defendant No.8.
-----Defendant No.9
------Defendant No.10 7/1 Chandra prakash son of Shri Raghuveer Singh Ji, by caste Rajput, resident of Pratap Niwas Kothi, Behind Tehsil, Kothi Bag, Narsinghgarh, Dstrict Rajgarh, Beawara, Narsinghgarh, (Since Deceased)
7/2. Harish Chandra Singh son of Shri Raghuveer Singh, by caste Rajput, resident of Pratap Niwas kothi, Behind Tehsil, Kothi
(2 of 3)
[CMAP-48/2023]
Bag, Narsinggarh, District Rajgarh, Beawara, Narsinghgarh. 7/3. Smt. Kamlesh Kumari wife of Shri Padam Singh, by caste Rajput, resident of Talariya Pada, Shiv Mandir Road, Jaisalmer. (Since Deceased)
7/4. Smt. Minakshi wife Shri Daljeet Singh, by caste Rajput, resident of Bapi Saree, Post Hira Nagar, District Kathuwa, Jammu Kashmir.
7/5. Smt. Asha Kumari wife of Shri Khiram Singh, by caste Rajput, resident of vbillage Samadi, Rajgarh Road, post Samadi, District Solan, himachal Pradesh.
7/6. Smt. Prabha Kumari wife ofShri Ranjeet Singh, by caSTE Rajput, resident of Pratap Niwas Kothi behind Tehsil, Kothi Bag, Narsinghgarh, District Rajgarh, Beawara, Narsinghgarh.
7/7. Smt. Damyanti wife of Shri Brijraj Singh, by caste Rajput, resident of Bhandara Gali, Kila Rajgarh, District Rajgarh Beawara, Narsinghgarh.
8/1. Jitendra Singh son of late Shri Gopal Singh, (Deleted on 07.07.2021)
8/2. Rajendra Singhson of late Shri Gopal Singh, (Since deceased)
8/3. Ranveer Singh son of late Shri Gopal Singh,
8/4. Saroj Kumari daughter of late Shri Gopal Singh,
All by caste Rajput, residents of Village Rajpura Via Moriza, District Jaipur.
11/1. Dhananjay Singh son of Shri Digvijay Singh, by caste Rajput, resident of Maliya, Gujarat at present resident of Raikabag Palace, Jodhpur.
11/2. Ms. Harsh Priya daghter of Shri Digvijay Singh, by caste Rajput, resident of Maliya, Gujarat, Present resident of Raikabag Palace, Jodhpur.
Connected With
(3 of 3)
[CMAP-48/2023]
S.B. Civil Misc. Appeal No. 1488/2011
Sultan Singh
----Petitioner
Versus
Hari Singh And Ors.
----Respondent
| For Petitioner(s) | : Mr. |
Narendra Thanvi |
|---|---|---|
| For Respondent(s) | : Mr. |
Nitin Trivedi |
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
17/10/2023
S.B. Civil Misc. Application No. 48/2023
The matter comes upon an application for recalling the order dated 4.7.2023 which be treated as application for restoration of S.B.Civil First Appeal No.114/2009 which stands dismissed for non-compliance of the order dated 13.3.2023
Learned counsel for the respondent submits that he has no objection if the restoration application is allowed.
Accordingly, the restoration application is allowed.
It is directed that the S.B.Civil First Appeal No.114/2009 be restored to its original number.
List this matter on 01.12.2023
S.B. Civil Misc. Appeal No. 1488/2011
List this matter on 01.12.2023 along with CFA No.114/2009.
(YOGENDRA KUMAR PUROHIT),J
3-4-Arti/-
2 issues framed by the court
Whether the order dismissing the appeal for non-compliance can be restored upon application.
Whether the restoration of the Civil First Appeal No. 114/2009 should be allowed.
Girvar Singh
Kuldeep Singh
Hari Singh
Suraj Kanwar
Sultan Singh
Ranjeet Singh
Yogendra Kumar Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
