Vardi Chand vs Bhanwar Singh ...
2023 Latest Caselaw 8672 Raj

[2023:RJ-JD:35826]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1053/2019

Vardi Chand S/o Shri Kooka Dangi, Aged About 49 Years, R/o Kanpur, Tehsil Girva, District Udaipur.

----Appellant Versus

1. Bhanwar Singh S/o Shri Udai Singh Ji Rathore, B/c Rajput, R/o Road No. 2, Madri Purohitan, Tehsil Girva, District Udaipur.

2. Fatahlal S/o Shri Udailalji Dangi, Age About Major, R/o Kanpur, Tehsil Girva, District Udaipur.

3. Udailal S/o Shri Bhera Dangi, Age About Major, R/o Kanpur, Tehsil Girva, District Udaipur.

4. Mangilal S/o Shri Bhera Dangi, Age About Major, R/o Kanpur, Tehsil Girva, District Udaipur.

5. Shrimati Chatru W/o Shri Bhera Dangi, Age About Major, R/o Kanpur, Tehsil Girva, District Udaipur.

----Respondents

For Appellant(s) : Mr. JK Bhaiya Mr. Shyam Vyas For Respondent(s) : Mr. Sajjan Singh

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

18/10/2023

This appeal is directed against the judgment dated 3.1.2019

passed by the Addl. District Judge No.3, Udaipur, whereby,

judgment and decree dated 11.9.2017 passed by Gram

Nayayalaya, Girwa, District Udaipur, has been upheld.

Learned counsel for the respondents submitted that the

present second appeal under Section 100 CPC is not maintainable

in view of provisions of Section 34(6) of the Gram Nyayalayas Act,

2008 ('the Act').

[2023:RJ-JD:35826] (2 of 2) [CMA-1053/2019]

Provisions of sub-section (6) of Section 34 of the Act provide

that decision of the District Court under sub-section (4) shall be

final and no appeal or revision shall lie from the decision of the

District Court, however, judicial remedies available under Articles

32 and 226 of the Constitution of India, have been provided as

exceptions. In view thereof, the present second appeal is not

maintainable.

Learned counsel for the appellant prayed that the present

second appeal may be converted into writ petition.

In view of the submissions made, office is directed to

register the present second appeal as 'S.B. Civil Writ Petition' after

the appellant comply with the requirements for converting the

same into writ petition.

For statistical purposes, the second appeal stands disposed

of.

(MADAN GOPAL VYAS),J 415-CPGoyal/-

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