Ramkumar S/O Lichmanram vs Rajasthan Bal Seva Sadan
2022 Latest Caselaw 7324 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 16223/2022

Ramkumar S/o Lichmanram
                                                                  ----Petitioner
                                   Versus
Rajasthan Bal Seva Sadan
                                                                ----Respondent

For Petitioner(s) : Mr. Rahul Agarwal, Adv.

For Respondent(s) :

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

17/11/2022

Learned counsel for the petitioner submits that respondent

has filed the suit against the petitioner and said suit was decreed

vide judgment dated 21.03.2017. Petitioner had filed the appeal

against the impugned judgment. An application under Section 107

read with Order 41 Rule 27 and Section 151 CPC has also been

filed before the Appellate Court and Appellate Court vide order

dated 03.09.2022 dismissed the application filed by the petitioner.

Learned counsel for the petitioner 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 of the petition as well stay application to the

respondent Nos.1 and 2.

List on 16.12.2022.

(2 of 2) [CW-16223/2022]

Meanwhile, Appellate Court is directed not to decide the

appeal till further orders.

(NARENDRA SINGH DHADDHA),J

Jatin /62

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