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2025 DAILYLAW 12579 (RAJ)

DEVNARAYAN S/O GYARSI LAL GURJAR v. MOHAMMAD NASIR S/O MOHAMMAD ESHAK

CRES/105/2025 · 2025-04-21

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:16676] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 105/2025 IN S.B. Civil Misc. Appeal No.2619/2017 1. Devnarayan S/o Gyarsi Lal Gurjar, Aged About 53 Years, R/o Dadiya Thana Baroni Tehsil And District Tonk 2. Smt. Ganna Devi Wife Of Devnarayan Gurjar, Aged About 48 Years, R/o Dadiya Thana Baroni Tehsil And District Tonk 3. Manraj S/o Devnarayan, Aged About 25 Years, R/o Dadiya Thana Baroni Tehsil And District Tonk ----Petitioners Versus 1. Mohammad Nasir S/o Mohammad Eshak, R/o Mordi Pada Bundi At Present Resident Of Beesalpur Colony, Sawai Madhopur, Tonk 2. Sadat Miya S/o Rasheed Miya, R/o Moti Bagh Road, Dhanna Talai, Tonk 3. Shriram General Insurance Company Ltd., E.e.p.i.p, Ricco Industrial Area, Sitapura, Jaipur ----Respondents For Petitioner(s) : Mr. Rameshwar Prasad Sharma For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 21/04/2025 Heard. Considered. The present restoration application has been filed by the applicants with a delay of three hundred seventy (370) days'. [2025:RJ-JP:16676] (2 of 2) [CRES-105/2025] Having regard the submissions made by learned counsel for the applicants and the averments made in the Civil Misc. Application No.664/2025 filed under Section 5 of the Limitation Act for condonation of delay in filing the restoration application, same is allowed and the delay in filing the restoration application is condoned. The present restoration application has been filed by the applicants for restoration of S.B. Civil Misc. Appeal No.2619/2017, which was dismissed vide order dated 13.02.2024 in furtherance of the peremptory order dated 17.08.2023 for want of removing the defect/s. Having regard the submissions made by learned counsel for the applicants and so also the averments made in the restoration application, same is allowed and S.B. Civil Misc. Appeal No.2619/2017 is ordered to be restored at its original number. (GANESH RAM MEENA),J ARTI SHARMA /61