- (1.) MATTER has come up on the application u/S.5 of the Limitation Act. This court is satisfied with the explanation furnished for the delay, duly supported with the affidavit. Consequently, the application stands allowed and the delay stands condoned.
(2.) HEARD counsel for the parties.
(3.) INSTANT intra -court appeal has been preferred against self same judgment of the ld. Single Judge dt.31.05.2013 which also came to be challenged by few of the appellants in D.B. Special Appeal (Writ) No. 617/2013. In the instant case, writ petition was basically filed by the petitioners -respondents with the grievance that in -spite of having succeeded in the proceedings initiated u/S.183B of the Rajasthan Tenancy Act, 1955 before the Tehsildar, Jhunjhunu and thereafter in appellate proceedings before the Collector, Jhunjhunu, still they have not been able to get vacant possession of the subject property in question of which they are claiming khatedari i.e. Khasra Nos. 1320, 1321 and 1322 measuring 9 bighas and 6 biswas situated at village Jhunjhunu, Tehsil and District Jhunjhunu, as successors of one Jadav Bai, as per the provisions of Hindu Succession Act, 1956.;