Moti Lal Koolwal S/O Late Shri Ramlal ... vs Naresh Kumar Chiraniya S/O Shri ...
2024 Latest Caselaw 5630 Raj/2

Rajasthan High Court

Moti Lal Koolwal S/O Late Shri Ramlal ... vs Naresh Kumar Chiraniya S/O Shri ... on 2 September, 2024

Bench: Pankaj Bhandari, Praveer Bhatnagar

[2024:RJ-JP:36787-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

           D.B. Civil Miscellaneous Appeal No. 3872/2023

1.       Moti Lal Koolwal S/o Late Shri Ramlal Koolwal, Aged
         About 75 Years, R/o Nawalgadh, Tehsil Nawalgadh,
         District Jhunjhunu, Rajasthan Presently Residing - 6/426,
         S.f.s Agarwal Farm, Mansarovar, Jaipur
2.       Prahlad Rai Koolwal S/o Late Shri Ramlal Koolwal, Aged
         About 73 Years, R/o Nawalgadh, Tehsil Nawalgadh,
         District Jhunjhunu, Rajasthan, Presently Residing- Plot
         No. 128-129, Prawasi Nagar, Murlipura, Jaipur
                                                                      ----Appellants
                                       Versus
Naresh Kumar Chiraniya S/o Shri Ramswaroop Ji Chiraniya, Aged
About 56 Years, R/o Ward No. 25, C/o Mahalaxmi Oil Mile,
Roopniwas Kothi Road, Nawalgadh, Tehsil Nawalgadh, District
Jhunjhunu, Rajasthan
                                                                     ----Respondent

For Appellant(s) : Mr.Prahlad Rai Koolwal - appellant No.2, present in person For Respondent(s) :

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

02/09/2024

1. Office has pointed-out an objection that D.B. Civil

Miscellaneous Appeal appears to be not proper.

2. The facts of the case are that an application under Order 39

Rule 2(a) CPC was rejected by the Trial Court and an appeal was

preferred against that order, which was also dismissed by learned

Single Judge vide order dated 01st July, 2019.

3. Section 100A of CPC reads as under:

[2024:RJ-JP:36787-DB] (2 of 2) [CMA-3872/2023]

"[100A. No further appeal in certain cases.- Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment and decree of such single Judge.]"

4. Since the order has been passed by learned Single Judge,

whereby the appeal, filed by the appellants against the order

dated 27th February, 2019 passed by Trial Court, has been

dismissed and further, review petition, filed before learned Single

Judge, has also been dismissed, the appellants, in this petition,

has prayed for setting aside the order dated 27 th February, 2019,

which has already been dealt with by learned Single Judge.

5. Consequently, the appeal is dismissed, as not maintainable.

6. All the applications, if pending, also stand disposed of.

(PRAVEER BHATNAGAR),J (PANKAJ BHANDARI),J

Preeti Asopa /109

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