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2025 DAILYLAW 3193 (RAJ)

SIKANDAR S/O SHER MOHAMMED v. SHAMIM KHAN S/O SHRI MAMMU KHAN

CRES/497/2024 · 2025-10-13

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:41558] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 497/2024 IN S.B. Civil Misc. Appeal No.937/2018 Sikandar S/o Sher Mohammed, Aged About 33 Years, R/o Ansari Mohalla, Shahar Sawaimadhopur ----Petitioner Versus 1. Shamim Khan S/o Shri Mammu Khan, Aged About 52 Years, R/o Ranthambhore Road, Near Shyampura Bus Stand, Sawaimadhopur (Driver Of Vehicle Tractor No. Rj 25 Ta 0919) 2. Smt. Irshad B W/o Shah Nawaj Beg, Aged About 40 Years, R/o Ranthambhore Road, Near Shyampura Bus Stand, Sawaimadhopur (Owner Of Vehicle Tractor No. Rj 25 Ta 0919) 3. United India Insurance Company Ltd., Through Branch Manager, Brach Office Indra Colony, Bajariya, Sawaimadhopur (Insurer) ----Respondents For Petitioner(s) : Mr. Shamsuddin Ansari For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/10/2025 An application bearing CMCC No.1114/2024 has been filed by the applicants under Section 5 of the Limitation Act for condonation of delay of 67 days’ in filing the restoration application. In view of the submissions made by learned counsel for the appellants and for the reasons mentioned in the application [2025:RJ-JP:41558] (2 of 2) [CRES-497/2024] bearing CMCC No.1114/2024 filed under Section 5 of the Limitation Act for condonation of delay, same is allowed and the delay of 67 days’ 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.937/2018, which was dismissed on 04.10.2023. In view of the submissions made by learned counsel for the applicants and for the reasons mentioned in the restoration application, same is allowed, subject to payment of cost of Rs.1000/- to be deposited with the Rajasthan High Court Munshi Sangh, Jaipur Bench, Jaipur within four weeks. On submission the receipt of deposited amount with the Registry, S.B. Civil Misc. Appeal No.937/2018 is ordered to be restored to its original number and position. (GANESH RAM MEENA),J ARTI SHARMA/29