U O I And Ors vs Tej Karan And Anr
2022 Latest Caselaw 7549 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 7012/2018

1.     Union Of India Through Railway Western Railway Church
       Gate, Bombay Amended Name Union Of India Ra,
       Jabalpur
2.     General Manager, Western Railway, Church Gate Bombay
       Amended      Name        General         Manager,         West   Central   R,
       Jabalpur
3.     Divisional    Railway        Manager,         Western        Railway   Kota
       Amended Name General Manager, West Central Railwa,
       Jabalpur
4.     Assistant Engineer Western Railway, Sawai Madhopur
       Amended Name Assistant Engineer West Central Ra,
       Sawai Madhopur
                                                                    ----Petitioners
                                    Versus
1.     Tejkaran S/o Shri Narayan Kumawat, Resident Of Sawai
       Madhopur, District Sawai Madhopur.
2.     Nagar      Palika       Sawai     Madhopur           Through       President
       President Nagar Palika Sawai Madhopur, District Sawai
       Madhopur
                                                                  ----Respondents

For Petitioner(s) : Mr. Amit Jindal, Adv. For Respondent(s) : Mr. S. N. Kumawat, Adv.

Mr. Nitin Sinsinwar, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

ORDER RESERVED ON :: 28.11.2022

ORDER PRONOUNCED ON :: 30.11.2022

This Civil Writ Petition filed by the petitioner under Article

227 of the Constitution of India against the order dated

17.03.2018 passed by Additional District Judge, Sawai Madhopur

in Appeal No.145/2009 (38/2008) whereby application under

(2 of 3) [CW-7012/2018]

Order 11 Rule 19 read with Order 41 Rule 27 (B) CPC has been

dismissed.

Learned counsel for the petitioners submits that petitioner

had filed an appeal of order of the trial court dated 11.08.2008 in

which trial court had decreed the suit in favour of respondent

No.1. Learned counsel for the petitioners also submits that during

the appeal, petitioner had filed an application under Order 41 Rule

27 CPC before the appellate court but appellate court wrongly

dismissed the application filed by the petitioner. Learned counsel

for the petitioners also submits that application filed by the

petitioner be decided at the time of final hearing of the appeal. So,

order of the appellate court be set aside.

Learned counsel for the petitioner has placed reliance upon

the judgment of Hon'ble Apex Court in the case of Sanjay Kumar

Singh Vs. The State of Jharkhand in Civil Appeal

No.1760/2022 decided on 10.03.2022.

Learned counsel for the respondents has opposed the

arguments advanced by learned counsel for the petitioner and

submitted that appellate court rightly dismissed the application

filed by the petitioner. So, petition be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioners as well as learned counsel for the

respondents.

It is an admitted position that applications under Order 41

Rule 27 CPC filed by the petitioner be decided simultaneously at

the time of hearing of the appeal. So, in my considered opinion,

appellate court wrongly dismissed these applications before

(3 of 3) [CW-7012/2018]

hearing of the appeal. So, order of the appellate court dated

17.03.2018 deserves to be set aside.

The Civil Writ Petition filed by the petitioners is allowed. The

order of the appellate court dated 17.03.2018 is set aside and

appellate court is directed to decide the applications filed by the

petitioner under Order 41 Rule 27 CPC at the time of deciding the

appeal.

Stay application stands disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /57

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