Vijay Singh S/O Hardev Singh ... vs Nand Bihari S/O Shri Niwas
2022 Latest Caselaw 7249 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                            BENCH AT JAIPUR
                                                 S.B. Civil Writ Petition No. 16363/2022
                                    Vijay Singh S/o Hardev Singh (Since Deceased)
                                                                                                      ----Petitioner
                                                                       Versus
                                    Nand Bihari S/o Shri Niwas
                                                                                                    ----Respondent

For Petitioner(s) : Mr. R.K. Agarwal, Sr. Adv. with Mr. Harsh Sharma

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

14/11/2022

Learned counsel for the petitioners submits that respondents

have filed the suit against the petitioners and said suit was

decreed vide judgment dt. 16.1.2004. Petitioners had filed the

appeal against the impugned judgment. An application under

Order 41 Rule 27 CPC has also been filed before the Appellate

Court and Appellate Court vide order dt.10.10.2022 dismissed the

application filed by the petitioners.

Learned counsel for the petitioners has relied upon the

judgment of the Hon'ble Apex Court in the case of Eastern

Equipment & Sales Limited vs. ING. Yash Kumar Khanna

reported in (2008) 12 SCC 739 in which Apex Court held that

application under Order 41 Rule 27 CPC should be decided

alongwith the appeal.

Issue notice to respondents No.1 & 2.

Meanwhile, Appellate Court is directed not to decide the

appeal till further orders.

List after four weeks.

(NARENDRA SINGH DHADDHA),J Brijesh 27.

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