Allowed

Assu Ram and Ors. v. Lrs.of Moon Lal and Ors.

Rajasthan HC7 Feb 2023CRES/58/2012

Case brief

AI extract

What is this about?

Single judge allowed two pending restoration applications based on a settlement between parties. The court restored dismissal of first restoration application, which restored the second appeal to its original number, and listed the appeal.

What did the court decide?

Allowed restoration applications to restore earlier dismissal and ultimately restore second appeal to regular number.

Assu Ram and Ors. Vs Lrs.of Moon Lal and Ors. — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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S.B. Civil Restoration No. 58/2012

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Assu Ram And Ors.

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----Petitioner

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Lrs.of Moon Lal And Ors.	Versus ----Responde
For Petitioner(s) :	Mr. Manish Shishodia, Sr. Advocate with Mr. JaideepSingh Saluja
For Respondent(s) :	Mr. M.S. Rajpurohit

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----Respondents

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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07/02/2023

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The matter comes upon an application preferred jointly by both the parties with a submission that a compromise has been entered into between the parties and the appeal be decided in terms of the said compromise.

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A perusal of the record shows that the regular second appeal No.27/1981 was dismissed vide order dated 05.03.2004 because of non-compliance of the order dated 09.12.2003. After the said dismissal, a restoration application was preferred being S.B. Civil Restoration Application No.71/2004. The said restoration application was also dismissed in default on 09.11.2011. Against the said order of dismissal, a second restoration application for the restoration of the earlier restoration application was preferred being S.B. Civil Restoration Application No.58/2012. After the institution of the said restoration application, several of the parties expired and therefore, the application remained pending for

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(2 of 2)

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[CRES-58/2012]

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substitution of legal representatives of the deceased parties. As of date, the restoration application No.58/2012 remains pending.

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Now as the parties have entered into compromise, this Court deems it proper to allow the restoration application No.58/2012 and restore the restoration application No.71/2004. Further this Court, also deems it fit to allow restoration application No.71/2004 and to restore the regular second appeal No.27/1981 to its regular number.

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Accordingly, both the restoration applications Nos.71/2004 & 58/2012 are allowed. Let the appeal (S.B. Civil Second Appeal No.27/1981) be restored to its original number.

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Let the second appeal be listed on 10.02.2023.

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The application for early listing is disposed of.

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(REKHA BORANA),J

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39-AbhishekS/-

Assu Ram and Ors. v. Lrs.of Moon Lal and Ors.

Case brief

What is this about?

What did the court decide?

Assu Ram and Ors. v. Lrs.of Moon Lal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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