Rajendra Kumar vs. Hemendra Kumar

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL SECOND APPEAL NO.177/2012 Rajendra Kumar vs. Hemendra Kumar

DATE OF ORDER : : 03/07/2013

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

Shri J.P. Goyal, Sr. Advocate with Shri Abhi Goyal for the appellant Shri J.P. Gupta for the respondent.

Shri J.P. Goyal, learned senior counsel for the appellant has in the course of arguments submits that a review petition has also been filed by the appellant before the learned first appellate court with regard to the impugned judgement because it has wrongly been recorded in the impugned judgement that the defendant-appellant did not press his challenge with regard to correctness of findings recorded on Issue nos.2, 3 and 4, which also included the ground of bona fide necessity.

The appellant, if he has already filed review petition, cannot be simultaneously permitted to pursue this second appeal with reference to the same judgement. The first appellate court shall decide the review petition within six months after hearing both the parties. Interim order passed by this Court shall remain operative till the review petition is decided. If, however, the review petition has already been decided, this order would have no effect and the appellant shall have to seek his remedy before the appropriate court. Record is ordered to be sent back to the first appellate court for the aforesaid purpose.

The appeal is disposed of with the above observations.

(Mohammad Rafiq),J.

RS/116

All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)