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RAM NARAYAN versus SMT. NIDHI & ORS

High Court of Rajasthan

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RAM NARAYAN v SMT. NIDHI & ORS - CR Case No. 312 of 2003 [2005] RD-RJ 293 (2 February 2005)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL REVISION No. 312 of 2003

RAM NARAYAN

V/S

SMT. NIDHI & ORS

Mr. JITENDRA CHOPRA, for the appellant / petitioner

Mr. P BOHRA for Mr.RAVI BHANSALI, for the respondent

Date of Order : 2.2.2005

HON'BLE SHRI N P GUPTA,J.

ORDER

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Since the impugned order, within the parameters laid down by the Hon'ble Supreme Court in Shiv Shakti Cooperative Housing

Society, Nagpur Vs. Swaraj Developers and Others, reported in 2003 (6)

SCC, 659, is an interlocutory order, and is held to be not permissible to be revised under Section 115 CPC, as such, this revision petition is dismissed. It will, however, be open to the petitioner to seek whatever other remedies that may be available to the petitioner in view of the aforesaid judgment and the judgment in Surya Dev Rai Vs Ram

Chandra Rai and Ors, reported in 2003 (6) SCC, 675, of Hon'ble Supreme

Court. The interim order, if any, obviously stands vacated, and the learned trial Court is directed to expeditiously proceed with the trial of the main suit and decide the suit most expeditiously.

( N P GUPTA ),J. /tarun/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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