Gopi Lal S/O Shri Kalyan Bux vs Govind S/O Mishri Lal
2022 Latest Caselaw 4661 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D.B. Special Appeal (Civil) No. 5/2022

                                      IN

           S.B. Civil Contempt Petition No.558/2015

Gopi Lal S/o Shri Kalyan Bux, Aged About 71 Years, R/o Village
And Post Arai, Tehsil Kishengarh, District Ajmer.
                                                                  ----Appellant
                                   Versus
Govind S/o Mishri Lal, aged 57 years, R/o Village And Post Arai,
Tehsil Kishengarh, District Ajmer.
                                                                ----Respondent

For Appellant(s) : Mr. Ravi Kumar Kasliwal For Respondent(s) :

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

08/07/2022

1. The matter comes up on an application filed by the applicant

for treating the Special Appeal as Misc. Appeal.

2. It is evident that the impugned order challenged was passed

in S.B. Civil Second Contempt Petition and initially appellant has

filed D.B. Special Appeal (Civil).

3. Office has pointed out the objection that against the

dismissal of the contempt petition, the D.B. Special Appeal (Civil)

does not lie. Appellant has prayed that Special Appeal (Civil) be

treated as Civil Misc. Appeal.

4. We have considered the contentions.

5. The order passed in a regular appeal filed against the

judgment and decree which is pending before the learned Single

(2 of 2) [SAC-5/2022]

Judge, can be challenged only before the Apex Court. The order

passed in a contempt petition cannot be challenged before the

Division Bench of the High Court. Thus, we are not inclined to

entertain the application.

6. Accordingly, the application as well as the Special Appeal

(Civil) is dismissed.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J

ARTI SHARMA /17

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