HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 1860/2022

Smt. Sushila Devi W/o Late Shri Ramnarayan Vyas, R/o E-62,

Shastri Nagar, Ajmer (Since Deceased)

1. Harish Kumar Vyas S/o Shri Ram Narayan Vyas, Aged About

66 Years, Resident Of E-62, Shastri Nagar, Ajmer At Present

Residing At Plot No.7/141, Malviya Nagar, Jaipur.

----Appellant

Versus

1.

Gopal Krishan Ojha S/o Late Shri Amrit Lal Ojha, (Since

Deceased)

1/1. Maina Devi W/o Late Shri Gopal Krishan Ojha, R/o

Gate No.1, 156-A, Gangotri Nagar, Gopalpura Byepass,

Jaipur.

1/ 2. Vijay Ojha S/o Late Shri Gopal Krishan Ojha, R/o

Gate No.1, 156-A, Gangotri Nagar, Gopalpura Byepass,

Jaipur.

1/3. Varsha W/o Dr. Lavesh Goswami, R/o Gate No.1,

156-A, Gangotri Nagar, Gopalpura Byepass, Jaipur.

¼. Jagdish Ojha S/o Late Shri Gopal Krishan Ojha, R/o

84, Vijay Singh Pathik Nagar, Behind Mahila Aashram

College, Bhilwara.

1/5. Krishan Kant Ojha S/o Late Shri Gopal Krishan Ojha,

R/o 17, Mahesh Colony, Behind Guruji Hotel, Bapu Nagar,

Bhilwara.

….Respondents

2.

Smt. Premlata W/o Shri Durgashankar Vyas, R/o A-32,

M.I.G. Alkapuri Ratlam (M.P.) (Since Deceased)

2/1. Umesh Vyas S/o Shri Durgashankar Vyas, R/o A-32,

M.I.G. Alkapuri Ratlam (M.P.)

2/2. Saroj Vyas, 2, Kapil Vihar, Narmada Nagar, Rajendra

Nagar Road, Near Annpurna Temple, Indore (M.P.).

2/3. Anil Vyas S/o Shri Durgashankar Vyas, R/o Flat No.

301, Block B,A,B Road, Indore (M.P.).

2/4. Devendra Vyas S/o Shri Durgashankar Vyas, R/o

106, Sneh Nagar, Near Sindhi Colony, Indore Road, Ujjan,

(M.P.)

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[CMA-1860/2022]

3.

Prabhat Kumar Vyas S/o Late Shri Ramnarayan Vyas, R/o

E-62, Shastri Nagar, Ajmer.

4.

Sanjay Vyas S/o Late Shri Ramnarayan Vyas, R/o 204,

Orient Residency (Krishna Sagar), Sanganer.

5.

Krishan Murari Vyas S/o Late Shri Ramnarayan Vyas, R/o

36, Balram Nagar, Behind Police Line, Sikar.

6.

Ram Vyas S/o Late Shri Ramnarayan Vyas, R/o 6, Suyog

Parisar Extension, Mukharji Nagar, Ratlam (M.P.)

7.

Laxman Vyas S/o Late Shri Ramnarayan Vyas, R/o 24-A,

Pratap Nagar, Chittorgarh, Rajasthan.

----Respondents

For Appellant(s)

:

Mr. Govind Gupta, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

27/09/2022

Matter comes up on an application (No.01/2022) for

removing the defect pointed out by the Registry.

Application is allowed for the reasons mentioned

therein. Defect No.3 pointed out by the Registry is waived.

This civil misc. appeal has been filed by the appellant

against the order dated 07.11.2001 passed by the District and

Sessions Judge, Ajmer in Civil Misc. Case No.32/1994, whereby

the application filed by the appellant has been dismissed.

Along with the appeal an application under Section 5 of

the Limitation Act has also been filed seeking condonation of delay

of 7410 days in filing the appeal.

Learned counsel for the appellant submits that the

original applicant i.e. Sushila Devi was an old lady and she died in

the year 2009. At that time the present appellant was in

Government service outside District Ajmer and he did not have

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[CMA-1860/2022]

knowledge of the matter pending before the Court. The present

appellant retired in the year 2017 and thereafter he came to know

that a probate certificate was issued in favour of late Gopal

Krishan Ojha and there is a dispute regarding Will dated

07.12.1993 and 28.06.1993. Then the appellant collected the old

documents relating to the matter and enquired from the family

members and after obtaining the certified copy, he contacted his

counsel and filed present appeal. Hence the delay in filing the

appeal is bonafide and the same may be condoned.

Heard. Considered.

Reasons given in Para No.2 of the application under

Section 5 of the Limitation Act are reproduced as under:

“That the impugned order passed in the year 2001

when the original applicants i.e. Sushila Devi was

old age lady and she died in the year 2009. More so,