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2025 DAILYLAW 46712 (RAJ)

SMT OMWATI AND OTHERS v. SURESH KUMAR CHANWALA AND ANOTHER

CRES/52/2012 · 2025-12-02

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:48974] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 52/2012 In S.B. Civil Miscellaneous Appeal No. 5401/2011 1. Smt. Omwati W/o Late Shri Ramesh Singh, aged about 47 years 2. Neeraj Singh S/o Late Shri Ramesh Singh, aged about 20 years 3. Annu Kumari D/o Late Shri Ramesh Singh, aged about 19 years 4. Neetu Kumari D/o Late Shri Ramesh Singh, aged about 17 years 5. Ravindra Singh S/o Late Shri Ramesh Singh, aged about 15 years 6. Manoj Singh S/o Late Shri Ramesh Singh, aged about 12 years 7. Brijendra Singh S/o Late Shri Kanhaiya Singh, aged about 82 years 8. Smt. Girraj Kaur W/o Shri Brijendra Singh, aged about 80 years, The Claimants No.4 to 6 are being minor and are representing through their natural guardian and mother Smt. Omwati, All are R/o Nangala Bhangoari (Naya Gaon Khurd) Tehsil Bayana, District Bharatpur (Raj.) ----Applicants/Appellants Versus 1. Suresh Kumar Chanwala S/o Shri Ramdev, R/o B-597, Palari Meena, JDA Colony, Agra Road, Jaipur (Driver & Owner) 2. United India Insurance Company Ltd. through Divisional Manager, Divisional Office, 20, Mohan House, Transport Nagar, Jaipur. ----Non-Applicants/Respondents For Applicants : Mr. Himmat Singh Bikarwar, Adv. [2025:RJ-JP:48974] (2 of 2) [CRES-52/2012] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 02/12/2025 1. Matter comes up on an application (CMCC No.1539/2013) filed under Section 5 of the Limitation Act for condoning the delay in filing the restoration application. 2. For the reasons stated in the application, the same is allowed. Therefore, delay in filing the restoration application is condoned. 3. The present restoration application has been filed by the applicants for restoration of S.B. Civil Misc. Appeal No.5401/2011, which has been dismissed by the Registrar (Judicial) vide order dated 11.10.2011 in compliance of the peremptory order passed by this Court on 05.05.2011. 4. Learned counsel for the applicants submits that the applicants want to contest the appeal on merits, therefore, the application be allowed and the appeal be restored to its original number. 5. For the reasons mentioned therein, the application is allowed and S.B. Civil Misc. Appeal No.5401/2011 is restored to its original number. 6. Office to proceed. (ASHUTOSH KUMAR),J AARZOO ARORA /49