The High Court of Delhi held that the appeal was not maintainable because the prior appeal was dismissed as withdrawn without liberty to appeal again, and the impugned order was a non-appealable review order. The appeal was dismissed as withdrawn.
Appeal dismissed as withdrawn for want of maintainability.
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versus
CHARANJIT SINGH AND ORS ..... Respondents Through: Ms Ruchira Goel, Adv. for R-1. Mr Joby P.Varghese, Adv. for R-2. Ms Zehra Khan, Adv. for R-3.
CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R
% 10.01.2017
We have heard the learned counsel for the parties. We are of the view that the present appeal is not maintainable. This is so because the appeal preferred against the order dated 20.04.2015 being FAO(OS) No.275/2015 was dismissed as withdrawn without any liberty having been granted to the appellant by an order of a division bench on 20.05.2015. Thereafter, the appellants preferred a review petition being R.A. No.312/2015 before the learned single Judge which was also dismissed by the order dated 01.04.2016 which is also impugned in the present appeal. The latter being an order in review cannot be appealed against. Insofar as the earlier order dated 20.04.2015 is concerned, no appeal can be filed in respect thereof before a Division bench of this Court in view of the earlier appeal being dismissed as withdrawn without any liberty.
According to the learned counsel for the respondents, no appeal in any event can lie against the order dated 20.04.2015 because it was a consent order. This is not accepted by the learned counsel for the appellant and he submitted that in certain circumstances, an appeal could lie even against a consent decree.
We are not getting into this controversy in view of the other circumstances stated above which clearly indicate that the present appeal is not maintainable. The appeal is dismissed as withdrawn.
BADAR DURREZ AHMED, J
ASHUTOSH KUMAR, J
JANUARY 10, 2017/ab
1 issue framed by the court
Whether the appeal against a review order and an earlier consent order is maintainable when the earlier appeal was dismissed as withdrawn without liberty.
Harjeet Singh and Ors.
Charanjit Singh and Ors.
Badar Durrez Ahmed
Ashutosh Kumar
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
