HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No.5101 of 2013 Date: 21.01.2014 Between:
Gulam Khader Khaleeq … Petitioner And Rasheed Ahmed Khan … Respondent * * * HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No.5101 of 2013 ORDER:
By the order under revision, the Court below allowed IA No.2856 of 2012 filed by the respondent herein and recalled order dated 17.06.2011 passed in IANo.948 of 2011 in AS No.103 of 2011.
I have heard the learned counsel for the petitioner.
As could be seen, the order under revision came to be passed recording that there was no objection from the respondent/revision petitioner for granting the relief. Thus, apparently it is a consent order. However, it is represented by the learned counsel for the revision petitioner that no such consent was given by the petitioner and it was wrongly represented before the Court below by the counsel on record.
Even assuming that the petitioner’s plea is correct, the proper course for the revision petitioner is to file an application before the Court below to review/recall the order under revision.
Accordingly, without expressing any opinion on merits, the revision petition is disposed of giving leave and liberty to the revision petitioner to move an application before the Court below as indicated above. No costs.
Consequently, the miscellaneous petitions, if any, pending in the revision petition shall stand dismissed.
G. ROHINI, J
Date: 21.01.2014 BSS HON’BLE Ms. JUSTICE G. ROHINI 95 Civil Revision Petition No.5101 of 2013 Date: 21.01.2014 BSS