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[2025:RJ-JP:14805] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 90/2025 In S.B. Civil Revision Petition No.97/2019 Smt. Pushpa Chajlani W/o Shri Sushil Kumar Chajlani, Aged About 80 Years, D/o Late Shri Sagarmal Ji Daga, R/o Devi Path, Kanota Bagh, District Jaipur (Raj.) ----Petitioner Versus
1. Smt. Manak Devi Maloo, W/o Shri Gumanmal Ji Maloo D/o Late Shri Sagarmal Ji Daga, R/o Maloo Bhawan, Kgb Ka Rasta, Johari Bazar, Jaipur.
2. Smt. Chanchal Jain W/o Shri Padam Chand Jain D/o Late Shri Sagarmal Ji Daga, R/o B-3, Indrapuri, Lal Kothi, Jaipur.
3. Smt. Anjali Jain, W/o Dr Paras Surya, D/o Late Shri Sagarmal Ji Daga, R/o S-22, Bhawani Singh Road, Jaipur.
4. Moti Chand Daga S/o Late Sagarmal Ji Daga, R/o 25, Takteshahi Road, Kanota Bagh, Jaipur.
5. Sumati Chand Daga, S/o Late Shri Sagarmal Ji Daga, R/o 25, Takteshahi Road, Kanota Bagh, Jaipur.
6. Smt. Ajay Lata Johari W/o Shri Rajesh Johari D/o Late Shri Sagarmal Ji Daga, R/o Mohmaid Building, Khalidia, Near Shining Tower, Flat No. 1105. Abudhabahi (U.a.e.)
7. Smt. Prashila Bhanshali W/o Shri Udai Bhanshali D/o Late Shri Sagarmal Ji Daga, R/o Jawahar Nagar, Gwalior At Present R/o At Gyan Gange, Blue Nidhi Gate, Jinendra Gunj Gwalior,
8. Smt. Chetna Bhanshali W/o Shri Devendra Kumar Ji Bhanshali D/o Late Shri Sagarmal Ji Daga, R/o 1818, Cheera Khana, Mali Pada, Chandani Chowk, Delhi-6 At Present Residing At D-20, G K Enclave-I, Greater Kailash, New Delhi.
9. Smt. Vinita Birla W/o Shri Ashok Birla, D/o Late Shri Sagarmal Ji Daga, R/o Birla House, House No. 82, Dhuleshwar Bagh, Jaipur.
10. Amit Kumar Daga S/o Shri Moti Chand Daga, R/o 25,
[2025:RJ-JP:14805] (2 of 3) [CRES-90/2025] Takteshahi Road, Kanota Bagh, Jaipur.
11. Ashim Kumar Daga, S/o Shri Moti Chand Daga, R/o 25, Takteshahi Road, Kanota Bagh, Jaipur ----Respondents For Petitioner(s) : Mr. Sanjay Joshi For Respondent(s) : Mr. Neeraj K. Tiwari HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 28/03/2025 Considered submissions of learned counsel for parties on restoration application.
Learned counsel for respondent submitted that the
arguments were delayed deliberately, because as and when Hon’ble Court has directed for argument, the counsel remained absent which resulted into dismissal of petition on non- prosecution. He further submitted that if counsel for petitioner is ready to argue the revision petition then only the restoration application be allowed otherwise not. He further submitted that the revision petition is not maintainable and petitioner is not entitled for revival of suit which was withdrawn by him. Aforesaid contentions were opposed by learned counsel for applicant and he submitted that he is ready to argue the petition on merits and if restoration application is allowed then he will argue the matter and will not seek any adjournment on any ground. Having considered the submission, particularly assurance by Mr. Sanjay Joshi, the instant restoration application is allowed and
[2025:RJ-JP:14805] (3 of 3) [CRES-90/2025] S.B. Civil Revision Petition No.97/2019 is restored to its original number. Office is directed to re-register S.B. Civil Revision Petition No.97/2019 and list for final hearing on 22.04.2025. The Restoration Application stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /74