In this interim order regarding S.B. Civil Second Appeal No. 121/2023, the court converted the second appeal against a Gram Nyayalaya decree into a writ petition under Article 226 of the Constitution, as suggested by the appellant's counsel.
The second appeal was converted into a writ petition and the registry was directed to take necessary action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Civil Second Appeal No. 121/2023
Satyanarayan Mali
----Appellant
Versus
Gajanand Pareek
----Respondent
| For Appellant(s) | : Mr. Piyush Chouhan |
|---|---|
| For Respondent(s) | : -- |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
20/11/2023
Learned counsel appearing for the appellant submits that the impugned judgment and decree has been passed by the Gram Nyayalaya and in view of the Section 34(6) of the Gram Nyayalaya Act, 2008 against the decree impugned, the appeal is not maintainable, however the same can be assailed by way of writ petition invoking the jurisdiction under Article 226/227 of the Constitution of India.
In view of above, learned counsel prays that this second appeal may be converted into writ petition.
The second appeal is, therefore, converted into writ petition.
Registry is directed to do the needful accordingly.
(MADAN GOPAL VYAS),J
23-Dinesh/-
1 issue framed by the court
Whether S.B. Civil Second Appeal No. 121/2023 be maintained or converted into a writ petition given the provisions of Section 34(6) of the Gram Nyayalaya Act, 2008.
2 provisions across 2 enactments
Satyanarayan Mali
Gajanand Pareek
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
