RAMRAO Vs. LAXMAN

JUDGEMENT

(1.) This Appeal from Order challenges the orders dtd. 26/6/2014 and 13/12/2019 passed below Exhs. 45 and 89 by the Civil Judge Senior Division, Gangakhed.

(2.) At the initial stage itself, Advocate for the respondent raised an objection to the maintainability of the Appeal from Order and submitted that the present Appeal from Order is not maintainable. Counsel for the Applicants stated that earlier he had filed a writ petition challenging the impugned orders passed by the Lower Court and the said petition was numbered as Writ Petition No. 4262 of 2020. He further showed me the order passed in the said writ petition on 17/11/2021. He submitted that on 17/11/2021 when the order was passed, he was not able to attend the said matter as he was not present in the court premises and only his colleague had attended the matter. He states that even on the said date, advocate for the respondent had objected to the maintainability of the writ petition, however, Advocate holding for the Advocate on record was not able to convince the Court about the maintainability of the writ petition and hence writ petition was permitted to be withdrawn with liberty to file "˜Appeal from Order "™. Accordingly, the present Appeal from Order has been filed.

(3.) As, today, an objection about maintainability of the present Appeal from Order is raised, Counsel for the Applicant has shown me the provisions of Order 22 Rule 4 and sub-rules (3) and (5) of Civil Procedure Code.