M/S Rajput Jewellers v. Vinod Kumar Goyal
$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 768/2025, CM APPL. 24966/2025 & CM APPL. 24967/2025 M/S RAJPUT JEWELLERS .....Petitioner Through:
Mr. Raghav Gupta, Advocate.
versus VINOD KUMAR GOYAL .....Respondent Through:
None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 28.04.2025 1.
Petitioner herein is defending a suit for possession and recovery of rent. They are aggrieved by order dated 07.02.2025 whereby an application seeking review of one earlier order dated 16.10.2024 has been granted and the abvoesaid order has been reviewed.
2.
As per Order XLIII Rule 1 (w), an appeal is maintainable against any such order whereby an application seeking review is allowed by the Court. The present petition is, therefore, required to be registered as First Appeal against the order.
3.
Moreover, when there is an efficacious remedy available under law and, that too, by filing an appeal, the Court should not interfere by invoking its jurisdiction under Article 227 of Constitution of India. 4.
The concerned official from the Registry has also been called and the exact position has been reconfirmed from him as well. 5.
Let the present petition be, accordingly, converted into an FAO and CM(M) 768/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
subject to orders of Hon'ble the Chief Justice, list the present petition before learned Roster Bench on 29.04.2025.
MANOJ JAIN, J APRIL 28, 2025/sw/SS CM(M) 768/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.