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2025 DAILYLAW 38293 (RAJ)

MOHAN SINGH S/O RAMU RAM v. GANPAT RAM S/O NARAIN RAM

CRES/273/2024 · 2025-05-01

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:18339] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 273/2024 Mohan Singh S/o Ramu Ram, Aged About 79 Years, R/o Kudli, Tehsil And District Sikar Rajasthan. ----Petitioner Versus 1. 1/1. 1/2. 1/3. 1/4. 1/5. 1/6. Ganpat Ram S/o Narain Ram (since deceased) through legal heirs- Dadli Devi w/o Late Ganpatram Santra Devi w/o Bhagwan Singh Dhakar d/o Late Ganpatram Manphool Singh Sagarmal Mahendra Singh Jagdish Prasad (No.1/3 to 1/6 are sons of Late Ganpatram) R/o Kudli, Tehsil and District Sikar Rajasthan 2. Bhagwan Singh S/o Narain Ram, R/o Kudli, Tehsil And District Sikar Rajasthan. 3. Lichhman Ram S/o Shri Ramu Ram (Since Deceased), Through His Legal Representatives- 3/1. Mool Chand Adopted, S/o Late Lichhman Ram. 4. Sedu Ram S/o Ramu Ram, (Since Deceased) Through His Legal Representatives 4/1. Smt. Mohni Devi Widow Of Sedu Ram, (Deleted Vide Order Dated 2-05-2016). 4/2. Phool Chand S/o Late Sedu Ram, R/o Kudli Tehsil And District Sikar. 4/3. Smt. Bhanwari D/o Late Sedu Ram, W/o Gordhan 4/4. Smt. Rukmani D/o Late Shri Sedu Ram W/o Shri Richh Pal, R/o Shyorana Kia Bas, Tehsil Laxmangarh District Sikar. 5. Jawahara ram S/o Ramu Ram, (Since Deceased) Through His Legal Representatives 5/1. Smt. Patasi Devi Widow Of Jawahara Ram, R/o Village Kudli, Tehsil And District Sikar Rajasthan. 5/2. Mool Chand S/o Late Jawahara Ram, R/o Village Kudli, [2025:RJ-JP:18339] (2 of 3) [CRES-273/2024] Tehsil And District Sikar Rajasthan. 5/3. Munim @ Madan S/o Late Jawahara Ram, R/o Village Kudli, Tehsil And District Sikar Rajasthan. 5/4. Smt. Keshi D/o Late Jawahara Ram, W/o Sanwar Mal R/o Kolida, Tehsil And District Sikar Rajasthan. 5/5. Smt. Kamla D/o Late Jawahara Ram, W/o Sharwan Kumar, R/o Shyampura (Purvi) Tehsil Dantaramgarh District Sikar Rajasthan. 5/6. Smt. Saroj D/o Late Jawahara Ram W/o Sharwan Kumar, R/o Pura Ki Dhani, Tehsil And District Sikar Rajasthan. 6. Sunda Ram S/o Ramu Ram, (Died On 17-02-2017) I.e. After 2 Days From The Judgment Of The Appellate Court). 7. Phula Ram S/o Shri Sedu Ram, R/o Kudli, Tehsil And District Sikar Rajasthan. 8. Onkar Mal S/o Shri Narain Ram, (Since Deceased) Through His Legal Representatives- 8/1. Smt. Chuki Devi Wd/o Onkar Mal, R/o Village Kudli, Tehsil And District Sikar Rajasthan. 8/2. Subhash Chandra S/o Late Onkar Mal, R/o Village Kudli, Tehsil And District Sikar Rajasthan. 8/3. Om Prakash S/o Late Onkar Mal, R/o Village Kudli, Tehsil And District Sikar Rajasthan. ----Respondents For Petitioner(s) : Mr. Ripu Daman Singh Naruka, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 01/05/2025 Heard. Application under section 5 of the limitation act is allowed for the reasons mentioned in the application and the delay of 37 days in filing the restoration application is condoned. [2025:RJ-JP:18339] (3 of 3) [CRES-273/2024] Matter comes up on an application No.1/2025 under Order 22 Rule 4 CPC. Along with the said application, an Application No.2/2025 has also been filed for condonation of delay in filing the aforesaid application. Applications are allowed for the reasons mentioned therein. Delay in filing the application is condoned, the legal representatives of the deceased respondent No.1-Ganpatram as described in Para No.2 of the application are taken on record and abatement if any, stands, set aside. Amended cause title which is filed with the application is taken on record. Having regard to the submissions made by learned counsel for the applicant, the restoration application is allowed, the appeal is ordered to be restored at its original number, subject to deposition of cost of Rs.5,000/- by the applicant with the Rajasthan State Legal Services Authority and filing a receipt thereof in the Registry, within three weeks from today. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /39