Shivratan vs Lrs Of Ramgopal
2021 Latest Caselaw 11536 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Second Appeal No. 199/2019

Shivratan

----Appellant Versus Lrs Of Ramgopal

----Respondent Connected With S.B. Civil Second Appeal No. 29/2019 Lrs Of Ram Gopal

----Appellant Versus Shiv Ratan

----Respondent

For Appellant(s) : Mr. Manish Shishodia.

Mr. A.K. Jain.

For Respondent(s) : Mr. R.K. Thanvi, Sr. Advocate assisted by Mr. Narendra Thanvi.

HON'BLE MR. JUSTICE ARUN BHANSALI Order 26/07/2021

In S.B. Civil Second Appeal No. 199/2019:- Heard learned counsel for the parties. Learned counsel for the appellants in SBCSA No. 199/2019 submits that the issue raised in the present appeal is pending consideration before Hon'ble Supreme Court.

Learned counsel for the respondents does not dispute the said aspect.

In view thereof, the following question of law arises for consideration in the present appeal:-

Whether the first appellate court was justified in accepting the appeal by relying on judgment in K. Ramnarayan Khandelwal v. Pukhraj Banthiya : 2017(4) DNJ(Raj.) 1688?

Admit. Issue notice.

                                                                (2 of 2)                                   [CSA-199/2019]


                                           As    learned   counsel        Mr.   Narendra         Thanvi   has   put   in

appearance on behalf of the respondents No. 1/1 to 1/7 and as the requirement of service on respondents No. 2 and 3 has already been dispensed with and respondent No.4 has been impleaded as proforma-respondent, no need to issue notice to them.

In S.B. Civil Second Appeal No. 29/2019:- Heard learned counsel for the parties. As the cross-appeal airing from the same judgment, has been admitted in view of the fact that the judgment, based on which, the order has been passed is pending consideration before Hon'ble Supreme Court and learned counsel for the appellants in the present appeal also relies on the same judgment for the purpose of questioning the part of the judgment, the following question of law arises for consideration in the present appeal:-

Whether the first appellate court was justified in accepting the appeal by relying on judgment in K. Ramnarayan Khandelwal v. Pukhraj Banthiya : 2017(4) DNJ(Raj.) 1688?

Admit. Issue notice.

As learned counsel Mr. Manish Shishodia and Mr. A.K. Jain

have put in appearance on behalf of the respondents No. 1/1 to

1/7 and as the respondents No. 3 to 6 have been impleaded as

proforma respondents, issue notice to respondents No. 2/3 to 2/7

only.

Heard on stay application.

No case for grant of any interim order is made out, the stay

application is dismissed.

(ARUN BHANSALI),J

32-PKS/-

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