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2025 DAILYLAW 41100 (RAJ)

SMT. RAJESH DEVI W/O SHRI GAJANAND SHARMA v. KAILASH S/O SHRI GHEESALAL SHARMA

CRES/660/2024 · 2025-10-10

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:41405] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 660/2024 in S.B. Civil First Appeal No.751/2023 Smt. Rajesh Devi W/o Shri Gajanand Sharma, Aged About 43 Years, R/o Village Seemarla, Tehsil Shrimadhopur, District Sikar Rajasthan. ----Petitioner Versus Kailash S/o Shri Gheesalal Sharma, Aged About 43 Years, R/o Village Simarla, Tehsil Shrimadhopur, Village Sikar Rajasthan, Presently Bandi Central Jail Jaipur. ----Respondent For Petitioner(s) : Mr. Sumer Saini For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 10/10/2025 1. Plaintiff's suit for specific performance was dismissed vide judgment dated 21.07.2023, whereagainst first appeal was filed by plaintiff. First Appeal came to be dismissed due to non-removal of the defects pointed out by the Office in furtherance to the peremptory order, hence, this restoration application is filed. 2. Counsel for appellant-plaintiff undertakes to remove defects, soon after restoration of the First Appeal. 3. Taking into consideration the reasons mentioned in application, this Court deems it just and proper to allow the instant application, subject to deposition of cost. [2025:RJ-JP:41405] (2 of 2) [CRES-660/2024] 4. The restoration application is well within time and considering the reasons assigned in the restoration application, the first appeal being S.B. Civil First Appeal No.751/2023, is restored to its original number, subject to deposition of Rs.1,000/- with the Litigants Welfare Fund through Banker’s Cheque/ DD in the name of Registrar General LWFA, Rajasthan High Court, within a period of four weeks. (SUDESH BANSAL),J RONAK JAIMAN/25