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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
CHANDRA SHEKHAR SHARMA, J
Lrs Of Prathvi Raj, S/o Shri Imilal (Since Deceased) – Appellant
Versus
Legal Representatives Of Late Shri Shiv Kumar, S/o Shri Imilal (Since Deceased) – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Trilok Joshi
For the Respondents: Mr. J.S. Bhaleria

Judgment

10/07/2025

1. This restoration application under Order 41 Rule 19 read with Section 151 of the Code of Civil Procedure has been filed by the legal representatives of appellant Nos. 1 and 2 respectively for restoring S.B. Civil First Appeal No.92/2003. An application under Section 5 of the Limitation Act has also been filed therewith seeking condonation of the delay in filing the instant restoration application.

2. The relevant facts are that respondent-plaintiff Ramchand Renwa filed a suit for specific performance of contract and permanent injunction which was decreed vide judgment and decree dated 06.02.2003 passed in Civil Case No.53/2001 by Additional District Judge No.2, Sriganganagar against the appellants-defendants. The appellants preferred a Regular First Appeal under Section 96 of the Code of Civil Procedure, against the impugned judgment and decree before this Court. This Court vide order dated 06.02.2004 while admitting the appeal, stayed execution of the decree under challenge. After notice, the appeal was kept for hearing in due course.

3. During pendency of the appeal, sole respondent Ramchand Renwa died, as such, vide order dated 20.04.2018, learned counsel fo

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