Petitioner withdrew writ petition citing availability of second appeal remedy. Court dismissed petition but counted limitation period during pendency under Section 14 Limitation Act in petitioner's favour.
Writ petition dismissed with liberty to file second appeal; limitation counted in favour of petitioner.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 7101/2018
Phoolchand S/o Shri Ramnarain , By Caste Prajapat, R/o Prajapat Jain Market Katla, Near High School, Bidasar, Tehsil Sujangarh, District Churu.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. SS Ladrecha, AAG with Mr. Vikas Choudhary For Respondent(s) : Mr. HR Soni
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/08/2018
After arguing at some length, learned counsel for the petitioner does not wish to press this writ petition on account of availability of alternate remedy of second appeal.
Consequently, the writ petition is dismissed with liberty to file second appeal. However, the question of limitation during the pendency of the writ petition here before this Court shall be counted in favour of the petitioner and the same shall be decided in the spirit of Section 14 of the Limitation Act. The interim order granted by this Court shall remain in currency for next 7 days but thereafter, the learned trial court shall decide on merits, as to
(2 of 2)
[CW-7101/2018]
whether the interim order has to be given or not afresh and to be continued or not without getting prejudiced by this order.
(Dr. PUSHPENDRA SINGH BHATI),J
sudheer
1 provisions across 1 enactments
Phoolchand S/o Shri Ramnarain
Smt. Babita W/o Shri Jitendra Jain
The Civil Judge, Sujangarh
The Additional District Judge, Sujangarh
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
