HARISH ASSUDANI Vs. POOJA
LAWS(RAJ)-2013-5-15
HIGH COURT OF RAJASTHAN
Decided on May 01,2013

Harish Assudani Appellant
VERSUS
POOJA Respondents

JUDGEMENT

- (1.)MR . Harish Assudani, the appellant, is present in person in the Court. He has been identified by Mr. Anshuman Saxena, Advocate, who is appearing on his behalf in connected D.B. Civil Misc. Appeal No.2322/2011. Appellant has also been identified by Mrs. Pooja, the respondent, who is also present in person in the Court.
(2.)APPELLANT has filed the present application for recalling of the order dated 04.07.2011, whereby D.B. Civil Misc. Appeal No.0999/2011 (Now D.B. Civil Misc. Appeal No.7820/2011), was dismissed as withdrawn, in presence of Mr. Anoop Dhand, Advocate for the appellant. Appellant submitted that he did not instruct his Counsel to withdraw the appeal. He also submitted that he had not signed on the application No.13782, dated 30.04.2011/03.05.2011, moved on his behalf for withdrawal of the appeal. His signatures on the application were shown to him in the Court, which he has denied. He submitted that he has also filed a complaint against Mr. Anoop Dhand, Advocate, before the Hon'ble Chief Justice, who has forwarded the same to the Bar Council of Rajasthan. He, therefore, submitted that the order dated 04.07.2011 may be recalled and the appeal may be restored to its original number.
Mr. J.P. Goyal, learned Senior Counsel assisted by Mr. Abhi Goyal, appearing on behalf of respondent, submitted that application No.13782, dated 30.04.2011/03.05.2011, was signed by the appellant, therefore, the order dated 04.07.2011 was rightly passed and the same should not be recalled. However, during the course of arguments, on instruction of his client Mrs. Pooja, who is present in person in the Court submitted that respondent has no objection, in case the order dated 04.07.2011 is recalled and the appeal of appellant is restored to its original number.

(3.)WE have considered the submissions of the learned counsel for the parties.


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