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Uttarakhand High Court

Mr. T.A. Khan vs Mr. Bala Vidusthi Chandra Shekhar on 12 June, 2012

Author: V.K. Bist

Bench: V.K. Bist

FA No. 60/2007

Hon'ble V.K. Bist, J.

Mr. T.A. Khan, Dy, Advocate General for the State/appellant.

Mr. Bala Vidusthi Chandra Shekhar with Mr. Sachin Panwar, Advocate for respondent.

Learned counsel appearing for respondent pointed out that before filing of the appeal a Review Petition No. 66 of 2007 was also moved by the appellant on 24th July, 2007 which is still pending. He submitted that for resolving the dispute, two remedies cannot be availed of simultaneously. In such circumstances, he submitted that the appellant has either to press the review petition, pending before the Addl. District Judge, or to continue with this appeal. On this, learned Dy. Advocate General for the State submits that before advancing his argument he needs some time in order to verify this fact and he will inform this Court on the next date fixed about his option.

Post this appeal again on 26th June, 2012 in daily cause list.

In the meantime, Registry is directed to call for comments from the concerned Addl. District Judge, who is dealing the Review Application, about the status of the Review Application.

(V.K. Bist, J.) 12.06.2012 NCM: