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IN THE SUPREME COURT OF INDIA  CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 8537    OF 2011

(Arising out of SLP(C) No.4437/2011)

HANUMANT SINGH                        Appellant(s)

                    :VERSUS:

KIRAN KUMARI & ORS.                  Respondent(s)

O R D E R

1. Leave granted.

2. This appeal emanates from the order dated 3rd  

December, 2010 passed by the learned Single Judge of  

the  Rajasthan  High  Court  in  Civil  Miscellaneous  

Appeal No.2230 of 2010 thereby allowing the appeal  

filed by the respondents herein.  

3. Mr. Keshote, learned senior counsel appearing  

on behalf of the appellant has taken the threshold  

objection that the appeal was allowed by the High  

Court without even issuing notice to the respondents  

in the appeal.

4. Ms.  Shobha,  learned  counsel  appearing  for  

Mrs.  Kiran  Kumari  and  other  respondents  fairly  

submitted that the impugned order was passed without  

issuing notice to the respondents in the appeal. We

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are amazed as to how the appeal was allowed without  

issuing notice to the respondents. Consequently, we  

are  constrained  to  set  aside  the  impugned  order  

dated 3rd December, 2010 passed by the learned Single  

Judge and remit the matter to the High Court.  

5. The  learned  Single  Judge  is  directed  to  

decide the appeal de novo after hearing both the  

parties. Since the impugned order has been set aside  

by us, the First Appellate Court would not proceed  

in the matter in pursuance to the directions passed  

by the learned Single Judge.  

6. To avoid any delay in the matter, we direct  

the  parties  to  appear  before  the  learned  Single  

Judge of the Rajasthan High Court on 14th November,  

2011.  

7. This appeal is accordingly disposed of.  

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; October 10, 2011.