Allowed

Ramrajpura Grih Nirman Sahakari Samiti Ltd. v. Shri Indraj S/O Late Deva

Rajasthan HC13 Oct 2025CRES/638/2024

Case brief

AI extract

What is this about?

The Court allowed the restoration application for a First Appeal dismissed for non-compliance with a peremptory order for removal of defects. The restoration was granted subject to the appellant depositing Rs. 1000 to the Litigants Welfare Fund.

What did the court decide?

Restoration of S.B. Civil First Appeal No. 402/2023 subject to deposit of Rs. 1000 to the Litigants Welfare Fund.

Ramrajpura Grih Nirman Sahakari Samiti Ltd… — Civil Procedure and Limitation | Rajasthan HC (2025)

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[2025:RJ-JP:41766]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 638/2024

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S.B. Civil First Appeal No. 402/2023

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Ramrajpura Grih Nirman Sahakari Samiti Ltd., Jaipur Registration No. 2750-L, Through President Shri Jankisharan Agrawal

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----Applicant-Plaintiff-Appellant

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Versus

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Shri Indraj S/o Late Deva, R/o Village Jamdoli Tehsil And District Jaipur

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Musammat Birdi Widow Nainya Alias Nanu, R/o Village Jamdoli Tehsil And District Jaipur

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Shri Ghasi S/o Shri Shyodan, R/o Village Sumel Tehsil And District Jaipur

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Prem Devi W/o Shri Om Prakash, R/o C-22, Sanjay Basti, Opposite Birla Mandir, Jaipur

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Vinod Devi W/o Shri Sardar Singh, R/o Jawahar Nagar Kachchi Basti, Jaipur

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Shri Gopal S/o Shri Bhenrulal, R/o Jawahar Nagar Kachchi Basti, Jaipur

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Chhota Devi W/o Late Shri Gyarsi Lal, R/o Jawahar Nagar Kachchi Basti, Jaipur

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Gulab Devi W/o Late Shri Gopal Lal, R/o Jawahar Nagar Kachchi Basti, Jaipur

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Sita Devi W/o Shri Ghanshyam Sahu, R/o Jawahar Nagar Kachchi Basti, Jaipur

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Santara Devi W/o Shri Radheshyam, R/o Teela No.6, Jawahar Nagar Kachchi Basti, Jaipur

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Suresh Chand S/o Ramswaroop, R/o Shekhpura Tehsil Sikrai District Dausa

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Amit Badaya S/o Shri Shyam Sunder Badaya, R/o Kisan Marg, Tonk Road, Jaipur

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Ashok Modi S/o Shri Hari Shankar Modi, R/o C-2, Janta Colony, Jaipur

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Rajesh Dhawan S/o Shri D.r. Dhawan, R/o A-34, Janta Colony, Jaipur

(2 of 3)

[2025:RJ-JP:41766]

[CRES-638/2024]

Dharmendra Modi S/o Shri Hari Shankar Modi, R/o C-2, Janta Colony, Jaipur

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Anita Badaya W/o Shri Dinesh Badaya, R/o Plot No. 147, Gali No. 6, Barkat Nagar, Tonk Phatak, Jaipur

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Kamlesh Rawat S/o Shri Nathu Lal Rawat, R/o Jaipur

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----Respondents-Defendants

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For Petitioner(s) : Mr. O.P. Mishra For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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13/10/2025

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Instant Civil Misc. Restoration Application No. 638/2024 has been filed seeking to restore the S.B. Civil First Appeal No. 402/2023, which was filed by the appellant against dismissal of his Civil Suit for Declaration, Specific Performance and Permanent Injunction vide judgment dated 04.08.2022.

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The First appeal was dismissed for non-compliance of the peremptory order dated 26.09.2023 due to non-removal of defects pointed out by office.

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The restoration application has been filed within time.

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Counsel for applicant-appellant undertakes to cure the defect(s) pointed out by the office soon after restoration of the first appeal.

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In view of above, the civil misc. restoration application is allowed subject to deposition of cost of Rs.1000/- to be deposited with the Litigants Welfare Fund by way of Demand Draft/Banker’s Cheque in the name of Registrar General LWFA, Rajasthan High Court Bench, Jaipur within a period of six weeks.

[2025:RJ-JP:41766]

[CRES-638/2024]

(3 of 3)

On filing the receipt of deposition of cost, office is directed to proceed to restore the S.B. Civil First Appeal No. 402/2023 to its original number.

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(SUDESH BANSAL),J

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NITIN /65

Ramrajpura Grih Nirman Sahakari Samiti Ltd. v. Shri Indraj S/O Late Deva

Case brief

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Ramrajpura Grih Nirman Sahakari Samiti Ltd. v. Shri Indraj S/O Late Deva

Case brief

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What did the court decide?

What the court decided

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