VIVEK KUMAR Vs. JITENDER KUMAR AND ANOTHER

JUDGEMENT

(1.) HEARD the submissions made on either side. The revision -petitioner virtually challenges the alleged "No objection" given by the counsel for the respondents before the appellate court. The Appellate Court has proceeded to dispose of the Civil Miscellaneous Appeal based on the alleged "No Objection" given by the respondents through their respective counsel.

(2.) AS the learned counsel appearing for the revision -petitioner disputes such "No objection" given by the counsel for the respondents, the revision -petitioner should have filed a review application before the appellate court itself. In view of the above, the revision stands dismissed with liberty granted to the revision -petitioner to file a review application before the appellate Court within a period of one week from the date of passing of this order. At this stage, the learned counsel appearing for the second respondent would submit that the second respondent would not alienate the property till the review application is preferred by the revision -petitioner. Such an undertaking given by the revision -petitioner shall be in force till 16.1.2013. The revision -petitioner shall prefer a review application before the Appellate Court on or before 16.01.2013.