Hanuman vs Yashin Mohd.& Ors on 20 October, 2008

     IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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                     CIVIL RESTORATION No. 31 of 2008

                                           HANUMAN
                                      V/S
                                  YASHIN MOHD.& ORS.

       Mr. SK MATHUR, for the appellant / petitioner

       Date of Order : 20.10.2008

                          HON'BLE SHRI N P GUPTA,J.
               HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J.

                                      ORDER

—–

From perusal of the file it transpires that the

appeal was dismissed consequent upon peremptory order on

account of non-removal of defects.

That apart, now in view of the latest judgment of

Hon’ble the Supreme Court in Kamla Devi Vs. Khushal Kanwar

& Anr., reported in AIR 2007 SC 663, and of this Court in

RSRTC Vs Vaibhav Kumar & Ors., reported in 2007(1) DNJ

(Raj.) 569, we do not find any ground to entertain the

restoration application so as to restore the appeal being

an intra court appeal having been filed against the

judgment of learned Single Judge dated 28.10.2004 passed in

civil misc. appeal is not maintainable. The restoration is,

therefore, dismissed.

( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J.

/tarun/