Hanumant Singh vs Kiran Kumari & Ors

KIRAN KUMARI & ORS. Respondent(s)

O R D E R

1. Leave granted.

2. This appeal emanates from the order dated 3rd

December, 2010 passed by the learned Single Judge of

the Rajasthan High Court in Civil Miscellaneous

Appeal No.2230 of 2010 thereby allowing the appeal

filed by the respondents herein.

3. Mr. Keshote, learned senior counsel appearing

on behalf of the appellant has taken the threshold

objection that the appeal was allowed by the High

Court without even issuing notice to the respondents

in the appeal.

4. Ms. Shobha, learned counsel appearing for

Mrs. Kiran Kumari and other respondents fairly

submitted that the impugned order was passed without

issuing notice to the respondents in the appeal. We

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are amazed as to how the appeal was allowed without

issuing notice to the respondents. Consequently, we

are constrained to set aside the impugned order

dated 3rd December, 2010 passed by the learned Single

Judge and remit the matter to the High Court.

5. The learned Single Judge is directed to

decide the appeal de novo after hearing both the

parties. Since the impugned order has been set aside

by us, the First Appellate Court would not proceed

in the matter in pursuance to the directions passed

by the learned Single Judge.

6. To avoid any delay in the matter, we direct

the parties to appear before the learned Single

Judge of the Rajasthan High Court on 14th November,

2011.

7. This appeal is accordingly disposed of.

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA) New Delhi;

October 10, 2011.