Hanumant Singh Vs.
Kiran Kumari & Ors
O R D E R
appeal emanates from the order dated 3rd December, 2010 passed by the learned
Single Judge of the Rajasthan High Court in Civil Miscellaneous Appeal No.2230 of
2010 thereby allowing the appeal filed by the respondents herein.
Keshote, learned senior counsel appearing on behalf of the appellant has taken the
threshold objection that the appeal was allowed by the High Court without even
issuing notice to the respondents in the appeal.
Shobha, learned counsel appearing for Mrs. Kiran Kumari and other respondents fairly
submitted that the impugned order was passed without issuing notice to the
respondents in the appeal. We are amazed as to how the appeal was allowed
without issuing notice to the respondents. Consequently, we are constrained to set
aside the impugned order dated 3rd December, 2010 passed by the learned Single Judge
and remit the matter to the High Court.
learned Single Judge is directed to decide the appeal de novo after hearing both
the parties. Since the impugned order has been set aside by us, the First Appellate
Court would not proceed in the matter in pursuance to the directions passed by
the learned Single Judge.
avoid any delay in the matter, we direct the parties to appear before the learned
Single Judge of the Rajasthan High Court on 14th November, 2011.
appeal is accordingly disposed of.