Allowed

Girdhari S/O Late Sh. Biddaram, v. Ghanshyam S/O Sh. Kalyan

Rajasthan HC18 Dec 2024CRES/1188/2024

Case brief

AI extract

What is this about?

The Court allowed a restoration application filed under Section 5 of the Limitation Act, condoning a delay of 47 days. The appeal was restored to its original number subject to the appellant depositing Rs. 2,000/- as costs with the Rajasthan State Legal Services Authority.

What did the court decide?

Restoration of appeal allowed subject to deposit of Rs. 2,000 cost with Rajasthan State Legal Services Authority within five weeks.

Girdhari S/O Late Sh. Biddaram, Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:52069]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 1188/2024

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Girdhari S/o Late Sh. Biddaram, R/o Ward No. 02 Mandawa, Tehsil And District Jhunjhunu(Raj.) (Deceased)

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Pana Devi W/o Late Sh. Girdhari Lal, Aged About 62 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu (Raj.).

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Bimla D/o Late Sh. Girdhari Lal, W/o Balkishan, Aged About 45 Years, R/o Ratangadh, Tehsil Ratangadh, District Churu.

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Lichhmi D/o Late Sh. Girdhari Lal, W/o Dalip, Aged About 44 Years, R/o Ratangadh, Tehsil Ratangadh, District Churu (Raj.).

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Kailash S/o Late Sh. Girdhari Lal, Aged About 40 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu (Raj.).

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Sonu D/o Late Sh. Girdhari Lal, W/o Manoj, Aged About 39 Years, R/o Nyama Kharia, Tehsil Sujangarh, District Churu.

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Kamlesh D/o Late Sh. Girdhari Lal W/o Balbir, Aged About 38 Years, R/o Nyama Khariya, Tehsil Sujangarh, District Churu..

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Naresh S/o Late Sh. Dharampal, Aged About 19 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu. (Raj.).

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Dinesh S/o Late Sh. Dharampal, Aged About 18 Years, R/o Ward No.02, Mandawa, Tehsil And District Jhunjhunu(Raj.).

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Bhawarlal S/o Late Sh. Biddaram, Aged About 55 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu.

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Omprakash S/o Late Sh. Biddaram, Aged About 55 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu (Deceased).

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Ghisa Devi W/o Late Sh. Omprakash, Aged About 56 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu.

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Gautam D/o Late Sh. Omprakash, Aged About 30 Years,

(2 of 4)

[2024:RJ-JP:52069]

[CRES-1188/2024]

R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu.

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Narendra S/o Late Sh. Om Parakash, Aged About 28 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu.

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Aakash S/o Late Sh. Om Prakash, Aged About 25 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu (Raj.).

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Jai Narayan S/o Sh. Mahavir, Aged About 30 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu.

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Jagdish S/o Sh. Hanuman Prasad, Aged About 55 Years, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu.

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Parmeshwar Lal S/o Sh. Tulsaram, Aged About 50 Years, R/o Ward No. 2, Mandawa, Tehsil And District Jhunjhunu.

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Manoj Kumar S/o Sh. Chotelal, Aged About 25 Years, R/o Ward No. 2, Mandawa, Tehsil And District Jhunjhunu.

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Ram Niwas S/o Sh. Jodharam, Aged About 68 Years, R/o Ward No. 2, Mandawa, Tehsil And District Jhunjhunu.

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Vishwanath S/o Sh. Ram Niwas, Aged About 40 Years, R/o Ward No. 2, Mandawa, Tehsil And District Jhunjhunu.

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Boduram S/o Sh. Ramlal, Aged About 42 Years, R/o Ward No. 2, Mandawa, Tehsil And District Jhunjhunu.

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Bala Ram S/o Mangejaram, Aged About 45 Years, R/o Ward No. 2, Mandawa, Tehsil And District Jhunjhunu.

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Gopal S/o Sh. Mangejaram, Aged About 33 Years, R/o Ward No. 2, Mandawa, Tehsil And District Jhunjhunu.

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Lal Chand, S/o Sh. Mangejaram, Aged About 30 Years, R/o Ward No. 2, Mandawa, Tehsil And District Jhunjhunu.

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----Petitioners

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Versus

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Ghanshyam S/o Sh. Kalyan, R/o Ward No.15, Mandawa, Tehsil And District Jhunjhunu.

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Shiv Kumar S/o Sh. Kalyan, R/o Ward No.15, Mandawa, Tehsil And District Jhunjhunu.

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Ashok Kumar S/o Sh. Kalyan, R/o Ward No.15, Mandawa, Tehsil And District Jhunjhunu.

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[2024:RJ-JP:52069]

[CRES-1188/2024]

Bimla D/o Sh. Kalyan (Deceased), R/o Ward No.15, Mandawa, Tehsil And District Jhunjhunu.

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Bhupendra S/o Sh. Balvir, R/o Plot No. 123, Govind Nagar, B-11, Niwaroo Road, Annath Pura, Jaipur.

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Bhagwati Devi D/o Sh. Balvir, R/o Plot No. 123, Govind Nagar, B-11, Niwaroo Road, Annath Pura, Jaipur.

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Anita Alias Mona D/o Sh. Balvir, R/o Plot No. 123, Govind Nagar, B-11, Niwaroo Road, Annath Pura, Jaipur.

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Santosh D/o Sh. Kalyan, R/o Ward No.15, Mandawa, Tehsil And District Jhunjhunu.

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Bhanwari D/o Sh. Kalyan, R/o Ward No.15, Mandawa, Tehsil And District Jhunjhunu.

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Pramod S/o Sh. Mohan, R/o Ward No. 01, Mandawa, Tehsil And District Jhunjhunu.

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Madanlal S/o Sh. Beejaram, R/o Ward No. 15, Mandawa, Tehsil And District Jhunjhunu.

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Sushil Kumar S/o Sh. Rajendra Prasad, R/o Ward No. 13, Mukundgarh, Tehsil Navalgarh District Jhunjhunu.

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Indraj S/o Sh. Jhabarmal, R/o Dinva Ladkhani, Tehsil Fatehpur, District Sikar.

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Radhey Shyam S/o Sh. Nand Kishore, R/o Ward No. 17, Mandawa, Tehsil And District Jhunjhunu.

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Rakesh S/o Sh. Keshardev, R/o Ward No. 13, Mandawa, Tehsil And District Jhunjhunu.

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Harish S/o Sh. Ghan Shyam, R/o Ward No. 15, Mandawa, Tehsil And District Jhunjhunu.

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Radhey Shyam S/o Sh. Biddaram, R/o Ward No 02, Mandwa, Tehsil And District Jhunjhunu.

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Mahavir S/o Sh. Madan Lal, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu.

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Manguram S/o Sh. Madan Lal, R/o Ward No. 02, Mandawa, Tehsil And District Jhunjhunu.

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Kishore Kumar S/o Sh. Madan Lal, R/o Ward No.02, Mandawa, Tehsil And District Jhunjhunu.

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Ram Kumar S/o Sh. Madan Lal, R/o Ward No.02, Mandawa, Tehsil And District Jhunjhunu.

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Leeladhar S/o Sh. Prahlad, R/o Ward No. 02, Mandawa,

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[2024:RJ-JP:52069]

[CRES-1188/2024]

Tehsil And District Jhunjhunu.

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Khem Singh Puniya, Administrator, Bal Public School, Mandawa, Tehsil And District Jhunjhunu.

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Deputy Registrar, Jhunjhunu.

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Executive Officer, Municipality Mandawa, District Jhunjhunu.

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----Respondents

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For Petitioner(s) : Ms. Srijana Shresth, Adv. for Mr. C.L. Saini, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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18/12/2024

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Application filed under Section 5 of Limitation Act is allowed for the reasons mentioned therein and delay of 47 days in filing the restoration application is condoned.

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Having regard to the submissions made by learned counsel for the petitioner(s), the restoration application is allowed, the appeal is ordered to be restored at its original number, subject to deposition of cost of Rs.2,000/- by the appellant with the Rajasthan State Legal Services Authority and filing a receipt thereof in the Registry, within five weeks from today.

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(NARENDRA SINGH DHADDHA),J

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AVINASH GULERIA /98

Girdhari S/O Late Sh. Biddaram, v. Ghanshyam S/O Sh. Kalyan

Case brief

What is this about?

What did the court decide?

Girdhari S/O Late Sh. Biddaram, v. Ghanshyam S/O Sh. Kalyan

Case brief

What is this about?

What did the court decide?

What the court decided

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