Petitioner withdrew the S.B. Civil Writ Petition after learning that the appealed record is with the Appellate Court. Petitioner requested the lower court to decide the appeal based on a previous High Court order.
Writ petition dismissed as withdrawn. Stay Petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 8880/2019
Bhawani Shanker S/o Shri Kistoorchand Ji Rathi, Aged About 61 Years, B/c Maheshwari R/o Laxmipura, Barmer, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. S.P. Sharma For Respondent(s) : -
JUSTICE DINESH MEHTA
Order
10/07/2019
Mr. S.P. Sharma, learned counsel appearing for the petitioner informs that the learned Additional District and Sessions Judge, Barmer has informed the petitioner, vide communication dated 04.06.2019, written in pursuance of his application under the Right To Information Act that the record of Civil Appeal No.1/2014 has not been sent to the High Court and the same is lying with it.
In view of the information so furnished, learned counsel for the petitioner does not press the instant writ petition, however, with a request that the Appellate Court be directed to decide the appeal in terms of the earlier order dated 27.03.2017, passed by this Court in S.B. Civil Second Appeal No.133/2016.
(2 of 2) [CW-8880/2019]
The writ petition is dismissed as withdrawn. However, with
the expectation from the Appellate Court to decide the appeal as already ordered by this Court on 27.03.2017.
The Stay Petition No.8737/2019 also stands dismissed.
(DINESH MEHTA),J
18-Ramesh/-
1 issue framed by the court
Whether to proceed with the writ petition regarding non-receipt of appeal records.
Bhawani Shanker S/o Shri Kistoorchand Ji Rathi
Parasmal S/o Shri Manmal
Gautam Kumar S/o Parasmal
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
