Disposed

Rameshwar Son of Shri Dhanna Lal v. Chiranji Son of Jagannath

Rajasthan HC13 Aug 2024WRES/109/2024

Case brief

AI extract

What is this about?

Restoration application seeking revival of a civil writ petition dismissed peremptorily for non-compliance with an earlier order. The court restored the writ petition subject to payment of Rs.1000/- cost to the Litigants Welfare Fund and filing of requisite process fee and notice.

What did the court decide?

Writ Petition No.6987/2017 restored to its original number, subject to Rs.1000/- cost to Litigants Welfare Fund and filing of PF & notice within ten days.

Rameshwar Son of Shri Dhanna Lal Vs Chiranji Son of… — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JP:34490]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Writ Restoration Application No. 109/2024

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S. B. Civil Writ Petition No.6987/2017

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Rameshwar Son Of Shri Dhanna Lal, Aged About 62 Years, Resident Of Kherli, Tehsil District District Dausa (Raj.) (Since Deceased) Through His Legal Heirs-

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1/1. Harisingh Gurjar Son Of Late Shri Rameshwar Prasad Gurjar,

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1/2. Mohar Singh Son Of Late Shri Rameshwar Prasad Gurjar, Both Resident Of Village Khedali, Bhandarej, Jahapadawas, Dausa (Raj.)

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----Petitioners/Applicants

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Versus

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Chiranji Son Of Jagannath, Resident Of Kherli, Tehsil And District Dausa Presently Residing At House No. 494, Thakur Pahcewar Ka Rasta, Near Moti Masjid, Ladliji Ka Khurra, Ramganj Bazar, Jaipur (Raj.)

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Ramesh Chand Son Of Shri Jagannath, Resident Of Kherli, Tehsil And District Dausa Presently Sitarampuri, House No. B-16, Heeda Ki Mori, Ramganj Bazar, Jaipur (Since Deceased) Through His Legal Heirs (Raj.)

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2/1 Krishna Wife Of Ramesh Chand, Resident Of Kherli, Tehsil And District Dausa Presently Sitarampuri, House No. B- 16, Heeda Ki Mori, Ramganj Bazar, Jaipur.

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2/2 Brijesh Son Of Ramesh Chand, Resident Of Kherli, Tehsil And District Dausa Presently Sitarampuri, House No. B- 16, Heeda Ki Mori, Ramganj Bazar, Jaipur.

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2/3 Shalini Daughter Of Ramesh Chand Wife Of Naresh Kumar, Resident Of Chomu Road, Chandwaji, Tehsil Amer, District Jaipur (Raj. )

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3 Punni D/o Jagannath Wife Of Gauri Shankar Sharma, Resident Of Kherli, Presently Kacchi Basti, Nag Talai, Surajpole Mandi, Surajpole Gate, Jaipur (Deceased).

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4 Bhagwan Sahai S/o Ram Bhajan, Resident Of Kherli, Presently Samoti Pumping Station, Beawar, Scheme Nimaj, District Pali (Raj. )

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5 Rameshwar Son Of Ram Bhajan, Resident Of Kherli, Tehsil And District Dausa, Presently House No. 494, Thakur Pachewar Ka Rasta, Near Moti Maszid, Ladli Ji Ka Khurra, Ramganj Bazar, Jaipur (Since Deceased)

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6 Dropdi Wife Of Ram Bhajan, Resident Of Kherli, Tehsil And District Dausa, Presently House No. 494, Thakur Pachwar Ka Rasta, Near Moti Maszid, Ladli Ji Ka Khurra, Ramganj Bazar, Jaipur.

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7 Rama D/o Ram Bhajan Wife Of Madan Lal, Resident Of

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[2024:RJ-JP:34490]

[WRES-109/2024]

Kherli Presently Resident Of 638, Balaji Ka Rasta, Radha Kishan Mandir, Ruiwalon Ka Mohalla, Ramganj Bazar, Jaipur.

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8 Gayatri D/o Ram Bhajan Wife Of Jugal Kishore, Resident Of Kherli C/o Hanuman Sahai Vijay, House No. 227, Ruiwalon Ka Mohalla, Ramganj Bazar, Jaipur.

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9 Sharda D/o Ram Bhajan Wife Of Ashok Kumar, Resident Of Kherli, Tehsil And District Dausa Presently Qurter No. Iii 92-A.g. Colony, Bajaj Nagar, Jaipur.

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10 Savitri D/o Ram Bhajan Wife Of Narendra Dutta Sharma, Resident Of Kherli, Tehsil And District Dausa Presently Ajmer Gate, Ajmer.

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11 Chagan Son Of Bhorilal, Resident Of Kherli, Tehsil And District Dausa (Rajasthan)

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12 Ram Babu @ Ramjilal, Resident Of Kherli, Tehsil And District Dausa (Raj.)

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13 Mohan Lal Son Bhorilal, Resident Of Kherli, Tehsil And District Dausa (Raj.).

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14 Leela Devi D/o Bhonrilal Wife Of Babu Lal Chobe, Resident Of Kundal, Tehsil And District Dausa.

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15 State Of Rajasthan, Through Tehsildar, District Dausa. 16. Sub-Registrar, Dausa.

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……. ..Respondents-Defendants

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17 Kedar @ Murari S/o Bhonri Lal, Resident Of Kherli, Tehsil And Dausa Presently Post Assistant, Chief Post Office, Banswara, District Banswara.

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Mst. Dhapa Wife Of Bhonri Lal, Resident Of Kherli, Tehsil And District Dausa (Raj.)

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-- --Respondents/Non-applicants

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For Petitioner(s) : Ms. Sharda Bai Gurjar For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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13/08/2024

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Instant application has been filed for restoring S. B. Civil Writ Petition No.6987/2017, after recalling peremptory order dated 18.10.2023 passed by the Coordinate Bench and the order dated

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[2024:RJ-JP:34490]

[WRES-109/2024]

28.11.2023 passed by the Registrar (Judicial), dismissing the petition for non compliance of the order dated 18.10.2023.

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Counsel for petitioner undertakes to file requisite PF & notice immediately on restoration of the petition.

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Taking into consideration reasons mentioned in the application and undertaking of counsel for petitioner to file requisite PF & notice, this Court is inclined to allow the instant application, subject to deposition of cost.

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Accordingly, the S. B. Civil Writ Petition No.6987/2017 is allowed to be restored to its original number, subject to condition of deposition of a cost of Rs.1000/- with the Litigants Welfare Fund through Cheque/DD in the name of Registrar General LWFA, Rajasthan High Court within a period of four weeks. Receipt of deposition of cost amount be placed in the file. The petitioner is directed to file requisite PF & notice within a period of ten days.

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The instant application is allowed accordingly.

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(SUDESH BANSAL),J

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TN/59

Rameshwar Son of Shri Dhanna Lal v. Chiranji Son of Jagannath

Case brief

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Rameshwar Son of Shri Dhanna Lal v. Chiranji Son of Jagannath

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