Radheshyam Palhod vs Pramod Kumar Bihani
2023 Latest Caselaw 3488 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil First Appeal No. 117/2022

Radheshyam Palhod

----Appellant Versus Pramod Kumar Bihani

----Respondent

For Appellant(s) : Mr. Nitin Trivedi For Respondent(s) : Mr. Rajeev Purohit

HON'BLE MS. JUSTICE REKHA BORANA

Order

24/04/2023

1. On 02.03.2023, none of the counsel had appeared but son of

the appellant had appeared in person.

On earlier two occasions i.e. 20.02.2023 and 23.02.2023

also, none of the counsel had appeared but son of the appellant

had appeared in person and therefore, after affording two

opportunities, on 02.03.2023, this Court proceeded on to hear the

stay application. The interim order staying effect and operation of

the impugned judgment and decree dated 29.11.2021 was passed

on that date.

2. Learned counsel for the respondent makes an oral

submission that the said order was passed without hearing him

and therefore, the same be vacated.

3. In the present matter, on 20.02.2023, 22.02.2023 and

02.03.2023, the lawyers were abstaining from work and hence,

none of the counsels appeared. But the son of the appellant was

present in person on all these dates. He submitted that the

(2 of 2) [CFA-117/2022]

execution proceedings have already been initiated and the warrant

for possession has also been issued.

As the matter had already been adjourned twice because of

the non-appearance of the counsels, this Court did not deem it

proper to adjourn the matter again and therefore, after perusing

the material available on record, proceeded on to pass the interim

order dated 02.03.2023.

The counsel, who was abstaining from work on whatever

grounds, cannot claim any right of hearing now as no opportunity

of hearing was denied to him by the Court. It was his own sweet

will not to appear before the Court. This Court, therefore, does

not find any ground to vacate the interim order dated 02.03.2023

and the same is made absolute till final disposal of the appeal.

4. Stay petition stands disposed of.

5. Let the appeal be listed for hearing on 10.05.2023.

(REKHA BORANA),J 40-T.Singh/-

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