HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 144/2017 in S.B. Civil Misc. Appeal No.4288/2008 Ramdayal S/o Bhawni Shankar, R/o Baman Baroda, Tehsil Gangapur City, District Sawai Madhopur Rajasthan ----Applicant/Petitioner Versus

1. Jagdish Prasad Since Deceased, 2. Govind Prasad S/o Sadasukh, R/o Baman Baroda, Tehsil Gangapur City, District Sawai Madhopur Rajasthan

3. Kailash S/o Sadasukh, R/o Baman Baroda, Tehsil Gangapur City, District Sawai Madhopur Rajasthan

4. Tulsi D/o Sadasukh W/o Bhagwan Sahay, R/o Ranila, Tehsil Bamanwas, District Sawai Madhopur Rajasthan

5. Leela D/o Sadasukh W/o Jugalkishore, R/o Khemas, Tehsil Lalsot, District Dausa Rajasthan

6. Khemchand S/o Bhonri Since Deceased R/o Dulipura, Tehsil Gangapur City, District Sawai Madhopur (Rajasthan).

7. Kedar S/o Ramji Lal, R/o Baman Baroda, Tehsil Gangapur City, District Sawai Madhopur Rajasthan.

8. Smt. Ganpati Widow Of Jagdish Prasad, R/o Baman Baroda, Tehsil Gangapur City, District Sawai Madhopur Rajasthan

9. Mamta D/o Jagdish Prasad W/o Vishnu, R/o Baman Baroda, Tehsil Gangapur City, District Sawai Madhopur Rajasthan

10. Saroj D/o Jagdish Prasad, Minor Through Natural Guardian Mother Smt. Ganpati W/o Late Jagdish Prasa, R/o Baman Baroda, Tehsil Gangapur City, District Sawai Madhopur Rajasthan

11. Pankaj @ Lla S/o Jagdish Prasad, Minor Through Natural Guardian Mother Smt. Ganpati W/o Late Jagdi, R/o Baman Baroda, Tehsil Gangapur City, District Sawai Madhopur Rajasthan ----Respondents For Petitioner(s) : Mr.Rahul Sharma for Mr.Rajneesh Gupta For Respondent(s) : Mr.D.K. Dixit JUSTICE ANOOP KUMAR DHAND

Order

20/01/2026

1. For the reasons mentioned in the application No.732/2017, the application seeking condonation of delay is allowed.

2. The delay in filing the restoration application accordingly stands condoned.

3. By way of filing this restoration application, a prayer has been made to recall the order dated 19.01.2017 passed by this Court and the subsequent consequential order dated 22.03.2017 passed by the Deputy Registrar (Judicial) by which the S.B. Civil Misc. Appeal No.4288/2008 has been dismissed for want of compliance of the per-emptory order.

4. Learned counsel for the applicant submits that the incorrect notices were submitted by the Clerk of the counsel for the appellant due to communication gap between them, hence, the bona fide mistake has occurred and the order dated 19.01.2017 could not be complied with in time.

5. Learned counsel for the respondents opposed the arguments. 6. Looking to the fact that on account of communication gap between the counsel and his Clerk and looking to the fact that incorrect notices were filed, this Court deems it just and proper to recall the order dated 19.01.2017 and the subsequent consequential order dated 22.03.2017 passed in S.B. Civil Misc.

Appeal No.4288/2008.

7. The restoration application stands allowed for the reasons stated therein.

8. The S.B. Civil Misc. Appeal No.4288/2008 is ordered to be restored to its original number.

(ANOOP KUMAR DHAND),J Aayush Sharma/27