[2025:RJ-JP:44823] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 1274/2024 In S.B. Civil Second Appeal No. 35/2022 1. Ramchandra S/o Shri Dhannalal, R/o Itawa, District Kota (Since Deceased). 2. Lalit Kishore S/o Ramchandra, R/o Itawa, District Kota. 3. Smt. Anju W/o Shri Purushottam Goyal, R/o Bawadi Ki Gali, Sadar Bazar, Baran(Raj.). 4. Smt. Manju W/o Shri Harimohan, R/o Janki Lal Ji Mirchi Wale Pradhan Sahab Ki Badi, Aspatal Road, Baran(Raj.). 5. Smt. Geeta W/o Premchand, R/o House No. 404, In Front Of Opera Hospital Wala Road, Mahaveer Nagar-Ii, Kota. 6. Smt. Santosh Bai W/o Dinesh Sinhal, Kirana Market, Station Road, Sitaram Ji Aasu Syopur (Mp). 7. Smt. Gayatri W/o Shri Balmukund, R/o Nakoda Colony, Tel Factory, Baran (Legal Representative Pushpa Bai D/o Shri Mangi Lal, R/o Itawa, Tehsil Peepalda, District Kota. ----Petitioners Versus 1. Deceased Ramniwas S/o Shri Heera Lal, R/o Itawa, Tehsil Peepalda, District Kota Through His Legal Heirs. 1/1. Smt. Chameli Bai W/o Shri Ramniwas, (Since Deceased) 1/2. Rajendra Kumar S/o Shri Ramniwas, R/o Itawa, Tehsil Peepalda, District Kota. 1/3. Narendra Kumar S/o Shri Ramniwas, R/o Itawa, Tehsil Peepalda, District Kota. 1/4. Mukesh Kumar S/o Shri Ramniwas, R/o Itawa, Tehsil Peepalda, District Kota. 1/5. Biya Bai D/o Ramniwas, R/o Itawa, Tehsil Peepalda, District Kota. 2. Badri Lal S/o Shri Heera Lal, R/o Itawa, Tehsil Peepalda, District Kota. 3. Prahlad S/o Shri Heera Lal Agrawal, R/o Itawa, District Kota. ----Respondents [2025:RJ-JP:44823] (2 of 2) [CRES-1274/2024] For Petitioner(s) : Ms. Deepti Jindal for Mr. Amit Jindal For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/11/2025 1. Instant restoration application has been filed by applicant- appellant seeking to restore the S.B. Civil Second Appeal No.35/2022. 2. There is a delay of 394 days in filing the restoration application. 3. It has, inter alia, been stated that peremptory order dated 06.09.2023 was passed in absence of counsel for appellant and he could not know about the same and about dismissal of appeal due to non-compliance thereof. Later on, having knowledge about the dismissal of appeal, appellant moved this application. Affidavit in support of the application as also application under Section 5 of the Limitation Act have been filed. 4. Taking into consideration the reasons assigned in the application, which is supported with affidavit and same does not seems to be deliberate or malafide, the delay is condoned. 5. Accordingly, the restoration application is allowed. S.B. Civil Second Appeal No. 35/2022 is allowed to be restored to its original number. (SUDESH BANSAL),J NITIN /20