Govind Mohan Garg vs Mukesh Lodhi And Others
2012 Latest Caselaw 4839 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 
Case :- FIRST APPEAL FROM ORDER No. - 2130 of 2012
 
Petitioner :- Govind Mohan Garg
 
Respondent :- Mukesh Lodhi And Others
 
Petitioner Counsel :- M.K. Gupta
 
Respondent Counsel :- Anil Singh Jadaun
 
Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

Civil Misc. Delay Condonation Application No. 276082 of 2012.

Cause shown is sufficient. The application is allowed. The delay in filing the recall application is condoned.

Order Date :- 5.10.2012

OP

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Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

Civil Misc. Review/Recall Application No. 276083 of 2012.

Ms. Tulika Prakash, Advocate, filed Vakalatnama on behalf of the applicant. The same may be placed on record.

Heard Ms. Tulika Prakash, learned counsel for the applicant and Sri M.K. Gupta, learned counsel for the appellant.

This is the review application on behalf of the opposite party for the review of the order dated 24.5.2012. The review application is beyond time by 82 days.

Learned counsel for the applicant submitted that the counsel for the respondent was not authorized to give consent for the disposal of the appeal at the stage of admission. Further he has not made any submission during the course of hearing.

Sri M.K. Gupta, learned counsel for the appellant submitted that review application has been filed by a different counsel, who was not the counsel at the time of disposal of appeal.

We have considered the submissions of learned counsel for the parties.

Learned counsel for the opposite party has only given consent for the disposal of the appeal at the admission stage and not on merit. In the order itself the arguments of Sri Dharam Pal Singh, Senior Advocate, appearing for the opposite party are recorded. Therefore, on both counts, the submission of learned counsel for the applicant has no substance. No case of review is made out.

The review application is accordingly rejected.

Order Date :- 5.10.2012/OP