Devendra Kumar Indora S/O Mr. ... vs Avalon Projects (A Unit Grj ...
2022 Latest Caselaw 2623 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 68/2022

Devendra Kumar Indora S/o Mr. Bhanwar Lal Indora
                                                                   ----Appellant
                                    Versus
Avalon Projects (A Unit Grj Distributors And Developers Pvt. Ltd)
                                                                 ----Respondent

For Appellant(s)          :     Mr. Yash Joshi
For Respondent(s)         :     Mr. Harshal Tholia through V.C.



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

29/03/2022

Instant appeal has been filed by appellant assailing the

judgment and order dated 04.03.2022 passed by the Rajasthan

Real Estate Appellate Tribunal, Jaipur in appeal No.15/2022

whereby the appeal filed by respondent was allowed and the order

dated 02.12.2021 passed by the Adjudicating Officer in

compliance of RERA-C 2020-3835 has been set aside.

Under the Scheme of Rajasthan Real Estate (Regulation and

Development) Act, 2016, as per Section 58, an appeal shall lie

before the High Court by any person aggrieved by any decision or

order of the Appellate Tribunal on grounds set out in Section 100

of the Code of Civil Procedure. Appellant has filed this appeal in

the nature of civil second appeal.

Counsel Mr. Harshal Tholia appearing for respondent submits

that the appeal may be/should be registered in the nature of civil

misc. appeal and not as a second appeal.

In order to decide the nature of appeal, as to whether it

should be registered as civil second appeal or civil misc. appeal

(2 of 2) [CSA-68/2022]

before the High Court against an order of the appellate tribunal

under Section 58 of the Act of 2016, this Court wants assistance

of learned counsel for both parties. It is expected that they may

apprise this court about the nature of appeal, registered in other

States, against the order of Appellate Tribunal under the Act of

2016.

List this appeal on 06.04.2022 to decide the point as

mentioned hereinabove.

Name of Mr. Harshal Tholia be shown in the cause list, as

counsel for respondent.

In the meanwhile, appellant may remove other defects

pointed out by the Office, apart from the point, to be decided by

this Court.

(SUDESH BANSAL),J

TN/17

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