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2025 DAILYLAW 35683 (RAJ)

RAJEEV DANGI, HUF, S/O SH. NAVEEN DANGI v. ADITYA VIHAR VIKAS SAMITI

WRES/21/2025 · 2025-04-24

Anand Sharma, Shree Chandrashekhar

body2025

Judgment text

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[2025:RJ-JP:17383-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Misc. Restoration Application No. 21/2025 IN D.B. Special Appeal (Writ) No. 847/2022 Rajeev Dangi, Huf, S/o Sh. Naveen Dangi, Aged About 53 Years, Resident of 53, Shivaji Nagar, Civil Lines, Jaipur. ----Petitioner Versus 1. Aditya Vihar Vikas Samiti, Registered Under The Rajasthan, Societies Registration Act, 1958, Registered Office At F-2, Diwakar Apartment, Scheme No. 8, Girnar Colony, Queens Road, Jaipur Through Secretary Shri Bhagwat Singh Nathawat S/o Shri K.S. Nathawat. Now Through Present Secretary Shri Sanjay Sharma Son of Shri A.R. Sharma, Resident of G-1, Ashirwad Apartment- I, Scheme No. 8, Gandhi Path Vaishali Nagar, Jaipur. 2. Jaipur Development Authority, Indira Circle, Jawahar Lal Nehru Marg, Jaipur Through Its Secretary. 3. Dy. Commissioner (Zone B-6), Jaipur Development Authority, Indira Circle, Jawahar Lal Nehru Marg, Jaipur 4. Jaipur Development Authority, Appellate Tribunal Through Its Member, J.d.a. Building, J.l.n. Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. M.C. Gupta, Adv. For Respondent(s) : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA Order 24/04/2025 In D.B. Civil Misc. Application No.23/2025:- 1. In view of the statement made in the application under Section 5 of the Limitation Act, we find that the appellants have shown sufficient cause for condoning the delay. [2025:RJ-JP:17383-DB] (2 of 2) [WRES-21/2025] 2. The delay of 258 days in filing the restoration application is condoned. 3. D.B. Civil Misc. Application No. 23/2025 is allowed. In D.B. Restoration Application No. 21/2025:- 1. This D.B. Civil Misc. Restoration Application No. 21/2025 has been filed seeking restoration of D.B. Special Appeal (Writ) No. 847/2022. 2. By virtue of the pre-emptory order dated 17th January, 2024, the aforementioned Special Appeal was dismissed. 3. Mr. M.C. Gupta, the learned counsel for the petitioner states that the petitioner who is the appellant in the aforementioned Special Appeal has now removed the defects pointed out by the office. 4. D.B. Special Restoration Application No. 21/2025 is allowed and, consequently, D.B. Special Appeal Writ No. 847/2022 stands restored to its original records. 5. All pending applications, stand disposed of. (ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J NEERU/56