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2026 DAILYLAW 4836 (RAJ)

KAMAL KUMAR S/O LT. SHRI HARIRAM (DEAD DURING APPEAL) v. NARESH CHAND SHARMA S/O LT. SURESH CHAND SHARMA

WRES/44/2026 · 2026-02-18

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:7779] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Restoration Application No. 44/2026 In S.B. Civil Writ Petition No.725/2025 1. Kamal Kumar S/o Lt. Shri Hariram (Dead During Appeal), R/o Plot No. 113 B, Kanwar Nagar, Chandi Ki Taksaal, Jaipur. 2. Pradeep Kumar S/o Lt. Shri Hariram, R/o Plot No. 113 B, Kanwar Nagar, Chandi Ki Taksaal, Jaipur. 3. Smt. Rekha W/o Lt. Shri Hariram, R/o Plot No. 113 B, Kanwar Nagar, Chandi Ki Taksaal, Jaipur. ----Tenants/Non-Applicants Versus 1. Naresh Chand Sharma S/o Lt. Suresh Chand Sharma, R/o Chapawat Ji Ka Mandir, Johri Bazar, Jaipur. ……..Landlord/Applicant/Non-Applicant 2/1. Smt. Muskaan, Aged About 38 Years, W/o Lt. Kamal Kumar 2/2. Miss. Ishika D/o Lt Kamal Kumar, Aged About 16 Years, Through Guardian Smt. Muskaan W/o Lt. Kamal Kumar. 2/3. Ronak S/o Lt. Kamal Kumar, Aged About 12 Years, Through Guardian Smt. Muskaan W/o Lt. Kamal Kumar , All R/o 113 B, Kanwar Nagar, Chandi Ki Taksaal, Jaipur. Add Plot No. 113, Kanwar Nagar, Sindhi Colony, Jaipur. ---Proforma-Respondents For Petitioner(s) : Mr. Faraz Hussain For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 18/02/2026 1. The present restoration application has been filed against the order dated 23.05.2025, passed by Registrar (Judicial), whereby [2026:RJ-JP:7779] (2 of 2) [WRES-44/2026] the writ petition was dismissed for non-compliance of the order dated 11.03.2025. 2. Learned counsel for the applicants submits that the defects could not be cured in time for reasons beyond their control. He, therefore, prays that one opportunity may be granted to cure the defects. 3. Considering the same, the present restoration application stands allowed. The writ petition bearing No. S.B. Civil Writ Petition No. 725/2025 is restored to its original number, subject to payment of costs of Rs. 5,000/- with the Rajasthan State Legal Services Authority, within a period of four weeks. 4. The applicants shall also cure all the defects within a period of four weeks. 5. In case the receipt of depositing the costs is submitted and the defects are also cured within the aforesaid period of four weeks, writ petition bearing No. S.B. Civil Writ Petition No. 725/2025 shall stand restored. If the same is not done within the stipulated period, then this order will not come in effect. (BIPIN GUPTA),J Sudha/15