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2025 DAILYLAW 32016 (RAJ)

SMT. MEERA DEVI WIFE OF LATE SHRI RAMESHWAR PRASAD v. MANGI LAL SAINI SON OF SHRI NARAYAN LAL SAINI

CRES/1156/2024 · 2025-05-02

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:18538] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 1156/2024 IN S.B. Civil Misc. Appeal No.1665/2020 1. Smt. Meera Devi Wife Of Late Shri Rameshwar Prasad, Aged About 54 Years, Resident Of Village Burnapur Ward No. 07 Police Station Amer Tehsil Amer District Jaipur (Raj.) 2. Hansa Kumari Bunkar Daughter Of Late Shri Rameshwar Prasad, Aged About 30 Years, Resident Of Village Burnapur Ward No. 07 Police Station Amer Tehsil Amer District Jaipur (Raj.) 3. Naresh Kumar Bunkar Son Of Late Shri Rameshwar Prasad, Aged About 29 Years, Resident Of Village Burnapur Ward No. 07 Police Station Amer Tehsil Amer District Jaipur Raj. 4. Krishna Kumar Bunkar Son Of Late Shri Rameshwar Prasad, Aged About 25 Years, Resident Of Village Buranpur Ward No. 07 Police Station Amer, Tehsil Amer, District Jaipur (Raj.) ----Petitioners Versus 1. Mangi Lal Saini Son Of Shri Narayan Lal Saini, Aged About 63 Years, Resident Of Harnathpura Jhotwara Police Station Jhotwara District Jaipur.(Driver Of Roadways Bus No. Rj-14-Pc-1825). 2. Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Police Station Ashok Nagar, Jaipur (Raj) (Registered Owner Of Roadways Bus No. Rj-14-Pc- 1825). ----Respondents For Petitioner(s) : Mr. Vikas Bunkar For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order [2025:RJ-JP:18538] (2 of 2) [CRES-1156/2024] 02/05/2025 An application bearing No.2361/2024 has been filed by the applicants under Section 5 of the Limitation Act for condonation of delay of three hundred sixty two (362) 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 bearing No.2361/2024 filed under Section 5 of the Limitation Act for condonation of delay, same is allowed and the delay of three hundred sixty two (362) 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.1665/2020, which was dismissed vide order dated 14.09.2023 in furtherance of peremptory order dated 03.08.2023 for want of removing the defects. In view of the submissions made by learned counsel for the applicants and for the reasons mentioned in the restoration application, same is allowed and it is ordered to restore S.B. Civil Misc. Appeal No.1665/2020 at its original number and position subject to payment of cost of Rs.1,000/- by learned counsel for the applicants with the Rajasthan High Court Munshi Sangh, Jaipur Bench. (GANESH RAM MEENA),J ARTI SHARMA /41