Expedited order by a Division Bench of the Rajasthan High Court corendoning a 286-day delay in filing a special appeal. The appeal was allowed and disposed of based on a prior Division Bench judgment affirmed by the Supreme Court, despite no appearance by the respondent.
Delay of 286 days in filing appeal was condoned and appeal disposed of on merits.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 110/2020
----Appellants
Versus
Radhe Shyam Kumawat S/o Sh. Raman Lal, Aged About 27 Years, R/o Mithriya, District Bikaner (Raj.)
----Respondent
For Appellant(s)
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
25/01/2024
The matter comes up for consideration of application (Inward No.01/2019) filed on behalf of the appellant - State with a prayer for condoning the delay of 286 days in filing the present appeal.
Despite service of notice of the application under Section 5 of the Limitation Act, none has put in appearance on behalf of the sole respondent.
Learned counsel for the appellant - State has submitted that the controversy involved in this writ petition is squarely covered by the decision dated 31.07.2019 passed by the Division Bench of this Court in D.B. S.A.W. No.124/2019 (State of Rajasthan & Ors.
[SAW-110/2020]
(2 of 2)
Vs. Revant Ram Meghwal & Ors.). It is also submitted that identical appeals have also been disposed of by a Co-ordinate Bench of this Court vide order dated 14.07.2023 while condoning the delay in filing those appeals. It is further submitted that the judgment passed by the Division Bench in D.B. S.A.W. No.124/2019 has already been affirmed by the Hon’ble Supreme court.
In view of the above submissions, the application (Inward No.01/2019) under Section 5 of the Limitation Act is allowed. The delay of 286 days in filing the appeal is condoned.
The present special appeal is disposed of in terms of the judgment dated 31.07.2019 passed in D.B. S.A.W. No.124/2019 State of Rajasthan & Ors. Vs. Revant Ram Meghwal & Ors.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
112-Arun/-
3 issues framed by the court
Whether delay of 286 days in filing appeal should be condoned under Section 5 of the Limitation Act.
Whether the matter is squarely covered by the decision in D.B. S.A.W. No.124/2019.
If reference to Supreme Court affirmation of prior judgment affects present case disposition.
Colour shows how this judgement treated each authority
STATE OF RAJASTHAN VS. REVANT RAM MEGHWAL & ORS.Affirmed¶19
D.B. S.A.W. No.124/2019 (State of Rajasthan & Ors. Vs. Revant Ram Meghwal & Ors.)
1 provisions across 1 enactments
STATE OF RAJASTHAN
RAJENDRA PRAKASH SONI
VIJAY BISHNOI
RAJENDRA PRAKASH SONI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
