Disposed

Shiv Charan S/O Sh. Laxminarain v. Girraj Prasad S/O Sh. Parbhati

Rajasthan HC10 Nov 2025CRES/878/2024

Case brief

AI extract

What is this about?

Restoration application with delay-condonation plea of 152 days for a second appeal dismissed for non-prosecution due to non-removal of defects despite an application curing them. Delay condoned and appeal restored.

What did the court decide?

Delay of 152 days condoned; S.B. Civil Second Appeal No. 207/2023 restored to its original number and listed for admission.

Shiv Charan S/O Sh. Laxminarain Vs Girraj Prasad S/O… — Property and Title | Rajasthan HC (2025)

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[2025:RJ-JP:45102]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 878/2024

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S.B. Civil Second Appeal No. 207/2023

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Shiv Charan S/o Sh. Laxminarain, (Since Deceased) Resident Of Hindaun City Tehsil Hindaun City District Karauli, Rajasthan.

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Haricharan S/o Sh. Kalyan Prasad, (Deceased) Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Dinesh Chand S/o Sh. Ratan Lal, (Died On 13-1-2023 After Passing The Impugned Order) Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Kedar Lal S/o Sh. Ghood Mal, Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Radheyshyam S/o Sh. Ghood Mal, Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Radheyshyam S/o Girraj Prasad (Deceased), Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Govind Prasad S/o Antu Lal (Deceased), Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Murari Lal S/o Sh. Sua Lal, Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Madan Mohan S/o Sh. Kanhiya Lal, (Deceased) Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Dayanand S/o Sh. Kanhiya Lal, (Deceased) Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Damodar S/o Sh. Kalyan Prasad, Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Prakash Chand S/o Sh. Balaram, Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Dayanand S/o Sh. Ramswroop (Deceased), Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Dhuji Lal S/o Sh. Balaram, Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Shyam Sunder S/o Sh. Shiv Charan, Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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Prahlad S/o Sh. Balabux, Resident Of Hindaun City Tehsil Hindaun City District Karauli Rajasthan.

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----Petitioners

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Versus

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1. Girraj Prasad S/o Sh. Parbhati, R/o Amritpuri Colony, Near

(2 of 3)

[2025:RJ-JP:45102]

[CRES-878/2024]

Chopad, Hindaun City.

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1. Revti Nath S/o Sh. Parbhati, (Since Deceased) 2/1 Mohan Dei W/o Late Sh. Revti Nath, Aged About 52 Years, Resident Of Bhatak Bhairo, Near Panchayat Samiti, Hindaucity, Amritpuri Colony, Hindaucity.

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2/2 Hukam Singh S/o Late Sh. Revti Nath, Aged About 33 Years, Resident Of Bhatak Bhairo, Near Panchayat Samiti, Hindaucity, Amritpuri Colony, Hindaucity.

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2/3 Pooran S/o Late Sh. Revti Nath, Aged About 18 Years, Resident Of Bhatak Bhairo, Near Panchayat Samiti, Hindaucity, Amritpuri Colony, Hindaucity.

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2/4 Roopanti D/o Late Sh. Revti Nath, Aged About 35 Years, Resident Of Bhatak Bhairo, Near Panchayat Samiti, Hindaucity, Amritpuri Colony, Hindaucity.

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2/5 Narvada D/o Late Sh. Raevti Nath, Aged About 27 Years, Resident Of Bhatak Bhairo, Near Panchayat Samiti, Hindaucity, Amritpuri Colony, Hindaucity.

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2/6 Munni D/o Late Sh. Revti Nath, Aged About 25 Years, Resident Of Bhatak Bhairo, Near Panchayat Samiti, Hindaucity, Amritpuri Colony, Hindaucity.

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2/7 Hemlata D/o Late Sh. Revti Nath, Aged About 20 Years, Resident Of Bhatak Bhairo, Near Panchayat Samiti, Hindaucity, Amritpuri Colony, Hindauncity.

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Chagan Lal S/o Sh. Parbhati, R/o Amritpuri Colony, Near Chopad, Hindauncity.

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Prabhu Lal S/o Jagdish Prasad, (Since Deceased) 4/1 Prem W/o Late Sh. Prabhu Lal, Aged About 62 Years, Resident Of Kyaradan Kalan, Near Hanuman Mandir, Hindauncity District Karauli.

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4/2 Sunil S/o Late Sh. Prabhu Lal, Aged About 39 Years, Resident Of Kyaradan Kalan, Near Hanuman Mandir, Hindauncity District Karauli.

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4/3 Anil S/o Late Sh. Prabhu Lal, Aged About 37 Years, Resident Of Kyaradan Kalan, Near Hanuman Mandir, Hindauncity District Karauli.

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4/4 Rakesh S/o Late Sh. Prabhu Lal, Aged About 35 Years, Resident Of Kyaradan Kalan, Near Hanuman Mandir, Hindauncity District Karauli.

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4/5 Krishan Kumar S/o Late Prabhu Lal, Aged About 28 Years, Resident Of Kyaradan Kalan, Near Hanuman Mandir, Hindauncity District Karauli.

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4/6 Rajkumari D/o Late Prabhu Lal W/o Bharat Bhushan Sharma, Aged About 32 Years, Resident Of Kyaradan Kalan, Near Hanuman Mandir, Hindauncity District Karauli.

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Haricharan S/o Jagdish Prasad, R/o Amritpuri Colony, Hindaun City District Karauli.

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Ramesh Chand S/o Ramswroop, R/o Amritpuri Colony, Hindaun City, District Karauli, Rajasthan.

(3 of 3)

[2025:RJ-JP:45102]

[CRES-878/2024]

Bhagwan Sahay S/o Girraj Prasad, R/o Hindaun City Tehsil Hindaun City District Karauli, Rajasthan.

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Rajendra Prasad S/o Sh. Gordhan Lal, R/o Hindaun City, Tehsil-Hindaun District Karauli.

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----Respondents

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For Petitioner(s) : Mr. Neeraj K. Tiwari For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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10/11/2025

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Instant Civil Misc. Restoration Application along with application under Section 5 of the Limitation Act, has been filed praying to condone the delay of 152 days in filing the restoration application and to restore the S.B. Civil Second Appeal No. 207/2023 on its original registration number to hear the second appeal on merits.

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Second appeal was dismissed on account of non-prosecution due to non-removal of the defects. Counsel for appellants states that an appropriate application, to cure/remove the defects, was filed, yet the appeal has been dismissed due to non-compliance of peremptory order, hence, application for restoration has been filed.

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Considering the reasons assigned in the application and the view that Second Appeal should be heard on merits instead of dismissing in default, the delay is hereby condoned.

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The Second Appeal be restored to its original number and listed for admission.

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(SUDESH BANSAL),J

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RONAK JAIMAN/30

Shiv Charan S/O Sh. Laxminarain v. Girraj Prasad S/O Sh. Parbhati

Case brief

What is this about?

What did the court decide?

Shiv Charan S/O Sh. Laxminarain v. Girraj Prasad S/O Sh. Parbhati

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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