Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7700 of 2018 Petitioner :- Samiuddin Respondent :- Gaon Sabha Dautana, Mathura, Through Its Pradhan And Another Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava,Jainendra Kumar Mishra
Hon'ble Manoj Misra,J.
The list of fresh cases has been revised. No one has appeared on behalf of the applicant to press the application. Sri Jainendra Kumar Mishra is present for the respondent no. 1.
By the instant application, the petitioner has challenged the order dated 02.08.2018 passed by the Addl. District Judge, Court No. 7, Mathura, by which, the application of the petitioner, under Order 41 Rule 27 Civil Procedure Code, has been rejected by the lower appellate court.
As, after decision of the appeal, in the second appeal against the order/decree of the appellate court, the petitioner would have right to even question the correctness of the orders that were passed by the appellate court in the appeal, this Court does not consider it necessary to entertain this petition against the order dated 02.08.2018, at this stage.
The petition is, accordingly, disposed off by giving liberty to the petitioner to question the correctness of the order dated 02.08.2018 before the second appellate court whenever an appeal is preferred against the final judgment and decree passed by the appellate court.
Order Date :- 29.10.2018 Pkb/