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2025 DAILYLAW 21670 (RAJ)

GANNI KHAN S/O LATE SHRI LALLU KHAN v. FAKRU KHAN S/O FATTU KHAN

CRES/255/2025 · 2025-07-22

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:27276] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 255/2025 IN S.B. Civil Misc. Appeal No.5023/2019 1. Ganni Khan S/o Late Shri Lallu Khan, Aged About 44 Years, R/o Village Dattvas, Teh-Niwai, Dist. Tonk (Rajasthan) 2. Firoza Bano W/o Shri Ganni Khan, Aged About 42 Years, R/o Village Dattvas, Teh-Niwai, Dist. Tonk (Rajasthan) ----Petitioners Versus 1. Fakru Khan S/o Fattu Khan, R/o Vill. Nawali, Post- Firozpur Jhirka, Dist. Nuh Mewat (Haryana) (Vehicle Driver And Owner Truck No. Hr-74-A-2238) 2. The Oriental Insurance Company Ltd, Through Manager, Regional Office Anand Bhawan, 3Rf Floor Sansar Chandra Road, Jaipur, Rajasthan (Insurance Company Vehicle Truck No. Hr-74-A-2238) ----Respondents For Petitioner(s) : Mr. Udit Kirori For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 22/07/2025 1. An application bearing No.1287/2025 has been filed by the applicants/appellants under Section 5 of the Limitation Act for condonation of delay of three hundred eight (308) days’ in filing the restoration application. 2. In view of the submissions made by learned counsel for the applicants/appellants and for the reasons mentioned in the application bearing No.1287/2025 filed under Section 5 of the [2025:RJ-JP:27276] (2 of 2) [CRES-255/2025] Limitation Act for condonation of delay, same is allowed and the delay of three hundred eight (308) days’ in filing the restoration application is condoned. 3. The present civil restoration application has been filed by the applicants/appellants for restoration of S.B. Civil Misc. Appeal No.5023/2019, which was dismissed vide order dated 05.07.2024 in furtherance of peremptory order dated 01.08.2023 for want of removing the defect/s. 4. Heard. 5. Considered the submissions made at bar. 6. Taking into consideration the submissions made by counsel for the applicants/appellants and for the reasons mentioned in the restoration application, same is allowed at the cost of Rs.2000/- and it is ordered that S.B. Civil Misc. Appeal No.5023/2019 be restored at its original number and position. 7. The appellants/applicants shall deposit the cost of Rs.2000/- with the Rajasthan High Court Munshi Sangh Jaipur Bench and shall submit the receipt of the same with the Registry. (GANESH RAM MEENA),J ARTI SHARMA /34