DEVBRAT MISHRA Vs. KESHWA NAND SHUKLA AND ORS.

JUDGEMENT

(1.) HEARD Sri S.K. Mishra, learned Counsel for the appellant and Sri Yogesh Agarwal, learned Counsel for the respondent.

(2.) LEARNED Counsel for the appellant has referred to paragraph 11 of the affidavit No. 231567 of 2009 to pray that the First Appellate Court be directed to decide the review application and this Second Appeal be taken up thereafter. The contents of paragraph 11 of the said affidavit are quoted hereunder:

(3.) LEARNED Counsel for the appellant has submitted that the judgment and decree of the First Appellate Court was dated 08.12.2005. Against the said judgment and decree the appellant filed a review application on 04.01.2006 and subsequently preferred this Second Appeal on 16.01.2006 even though the review application filed prior to filing of this appeal had not yet been decided. In favour of his submission learned Counsel has referred to a full bench decision of the Hon'ble Supreme Court in the case of Thungabhadra Industries Ltd. v. The Government of Andhra Pradesh reported in : AIR 1964 SC 1372 and places reliance on paragraph 8 of the said judgment. Paragraph 8 of the judgment is quoted hereunder: