NIRMAL KUMAR Vs. R S E B FALNA

JUDGEMENT

(1.) PETITIONER Nirmal Kumar had initially filed this writ petition through his learned Counsel Shri R.S. Sharma, which was straightaway admitted by my learned brother V.G. Palshikar, J. on 14.7.1998 and notices were ordered to be issued. On stay petition No. 666/98 filed in this writ petition on the same day i.e. on 14.7.1998, notice was ordered to be issued and meanwhile all Further proceedings were stayed. Mr. K.C. Samdaria, learned Counsel has later on filed power on behalf of the petitioner in place of learned Counsel Shri R.S. Sharma. In spite of the aforesaid orders passed by this Court in his favour, the petitioner sent registered application dated 26.2.1999 addressed to the learned Chief Justice of this Court making serious allegations in it and praying for early hearing of the matter.

(2.) TODAY , name of Mr. R.S. Sharma was shown for the petitioner by the office instead of Mr. K.C. Samdaria, who had later on filed his power in this matter. However, Mr. Samdaria was present in the Court, therefore, he was requested to assist the Court in this matter as he already filed power in this matter for the petitioner. Learned Counsel Shri Samdaria was shown the application dated 26.2.1999 addressed by the petitioner to the learned Chief Justice of this Court and Mr. Samdaria also expressed his anguish on the attitude of the petitioner in writing such application without taking him into confidence. He expressed his feeling that he was also ignored by the petitioner in getting the matter heard early. The tone of the petitioner in that application prima facie constitute a case for contempt. However, this Court is not taking any action for it at present. As it was agreed by both the learned Counsel for the parties, Mr. Samdaria and Mr. Tatia, that matter can be heard and disposed of today right now.

(3.) FIRSTLY , it is a revisable order passed by the Civil Court which could always be challenged by way of a revision under Section 115 CPC before this Court.