Bhoop Singh vs Nathu Ram
2022 Latest Caselaw 11108 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Second Appeal No. 158/2022 Bhoop Singh

----Appellant Versus Nathu Ram

----Respondent

For Appellant(s) : Mr. Vinod Kumar Sihag For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 06/09/2022

IA No.1/22

The appellants have preferred the present application

seeking to treat the present Second Appeal as Civil Misc. Appeal.

Learned counsel for the appellants submit that though the

appellants have preferred the present second appeal due to

bonafide mistake, but as per the prevailing provisions, the civil

misc. appeal is maintainable against the impugned order.

In support of his arguments, learned counsel for the

appellants has relied upon the judgment of this Court delivered in

the case of Murli Ram Vs. The State of Rajasthan (2014) 3 DNJ

1105 and in the case of Gram Panchayat Galva vs. Devilal (SB

CMA No.1831/2012) decided on 06.11.2012.

For the reasons stated, the application is allowed.

The present Civil Second Appeal is treated as Civil Misc.

Appeal.

Office is directed to list it appropriately.

(MADAN GOPAL VYAS),J

71-neha/-

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