Krishna Lal and ors Vs. State of Raj. and ors - Court Judgment

Excerpt:
{1} db special appeal(writ) 891/2012 in the high court of judicature for rajasthan at jodhpur judgment d.b. special appeal(writ) no.891/2012 in s.b. civil writ petition no.8396/2012 krishna lal & ors. vs. state of rajasthan & ors. date:15.12.2012 hon'ble the acting chief justice mr.narendra kumar jain hon'ble mr. justice r.s. chauhan mr. c.s. kotwani, for the appellants. **** learned counsel for appellants submitted that certain submissions, which were made before the single bench, were not referred, considered and decided, therefore, he may be permitted to withdraw this special appeal with liberty to file review petition before the single bench.2. he also submitted that since appeal has been filed within time and now there may be some delay in filing review petition, therefore, a liberty may be granted to file review petition in particular time and the same may be treated as in time and may be disposed off, on merits.3. after considering the submissions of the learned counsel for appellants, we dismiss the special appeal as withdrawn with {2} db special appeal(writ) 891/2012 liberty to appellants to file review petition before the single bench. it is observed that in case, review petition is filed within a week from today, then the same will be considered on merits and will not be dismissed on the ground of delay. (r.s. chauhan),j.(narendra kumar jain),actg.c.j./kkc/ all corrections made in the judgment/order have been incorporated in the judgment/order being emailed. kamlesh kumar p.a.

Judgment:
{1} DB SPECIAL APPEAL(WRIT) 891/2012 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B. SPECIAL APPEAL(WRIT) NO.891/2012 IN S.B. CIVIL WRIT PETITION NO.8396/2012 KRISHNA LAL & ORS. Vs. STATE OF RAJASTHAN & ORS. DATE:15.12.2012 HON'BLE THE ACTING CHIEF JUSTICE MR.NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. C.S. Kotwani, for the appellants. **** Learned counsel for appellants submitted that certain submissions, which were made before the Single Bench, were not referred, considered and decided, therefore, he may be permitted to withdraw this special appeal with liberty to file review petition before the Single Bench.

2. He also submitted that since appeal has been filed within time and now there may be some delay in filing review petition, therefore, a liberty may be granted to file review petition in particular time and the same may be treated as in time and may be disposed off, on merits.

3. After considering the submissions of the learned counsel for appellants, we dismiss the special appeal as withdrawn with {2} DB SPECIAL APPEAL(WRIT) 891/2012 liberty to appellants to file review petition before the Single Bench. It is observed that in case, review petition is filed within a week from today, then the same will be considered on merits and will not be dismissed on the ground of delay. (R.S. CHAUHAN),J.

(NARENDRA KUMAR JAIN),Actg.C.J.

/KKC/ All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. KAMLESH KUMAR P.A.