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Rajasthan High Court - Jaipur

Sundaram Son Of Mukahram vs Smt. Nanchi Devi Wife Of Shri Banwarlal on 18 January, 2023

Author: Anoop Kumar Dhand

Bench: Anoop Kumar Dhand

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

        S.B. Civil Miscellaneous Application No. 179/2022

                                        In

                S.B. Civil Misc. Appeal No. 593/2018

Sundaram Son Of Mukahram, Resident Of Bakhuwali, Tan
Jodhpura, Tehsil Udaipurwati, District Jhunjhunu (Raj.).
                                                                    ----Petitioner
                                    Versus
1.     Smt. Nanchi Devi Wife Of Shri Banwarlal, Dhani Dherawali
       Tan Bilwa, Tehsil Khetri, District Jhunjhunu (Raj.).
2.     Banwari Lal Son Of Late Shri Mungaram, Dhani Dherawali
       Tan Bilwa, Tehsil Khetri, District Jhunjhunu (Raj.).
3.     National     Insurance       Company          Limited,     Branch    Office
       Station Road, Jhunjhunu (Raj.).
4.     Chiraguddin Son Of Shri Yasin Khan, Aged About 49
       Years,   Resident       Of    Sirohi,      Tehsil     Neem    Ka    Thana,
       Presently Resident Of Nanglessledisingh, Tehsil Khetri,
       District Jhunjhunu (Raj.).
                                                                 ----Respondents

For Petitioner(s) : Mr. Vikash Kumar Jakhar, Adv.

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 18/01/2023 This application under Section 151 CPC has been filed for recalling the order dated 29.06.2022 passed by this Court by which the S.B. Civil Miscellaneous Appeal No. 593/2018 was dismissed as withdrawn.

Counsel for the applicant submits the applicant submitted that an interim application No. 1/2022 for early listing/early disposal of the aforesaid appeal but on 29.06.2022, (Downloaded on 25/01/2023 at 11:25:09 PM) (2 of 2) [CMAP-179/2022] he sought permission to withdraw the interim application for early listing/hearing of the appeal. Counsel submits that due to typographical error, the instant appeal has been allowed to be withdrawn. Counsel submits that the applicant wants to contest the appeal on merits so the order dated 29.06.2022 may kindly be recalled.

Heard and considered the submissions made by the learned counsel for the applicant and perused the material available on record.

Bare perusal of the record indicates that the matter was listed on 29.06.2022 on an ad interim application No. 1/2022 for early listing/hearing of the appeal. Though the counsel for the applicant made a prayer for withdrawal of the said application, but due to typographical error, the appeal was ordered to be withdrawn.

Application stands allowed for the reasons mentioned therein and S.B. Civil Miscellaneous Appeal No. 593/2018 is restored to its original number.

Office is directed to proceed further in this matter.

(ANOOP KUMAR DHAND),J MR/33 (Downloaded on 25/01/2023 at 11:25:09 PM) Powered by TCPDF (www.tcpdf.org)