( 1 ) ALLOWED, subject to all just exceptions. RP 191/2005 in W. P. (C) No. 1561-64 of 2005.

( 2 ) BY means of this application filed under order XLVII Rule 1 of the CPC a Review of the Order dated 31. 1. 2005 has been prayed for. An Appeal was filed assailing this Order which was disposed of by the division Bench in the following terms: Learned counsel for the appellants seeks permission to withdraw these appeal and the application for condonation of delay with a view to pursue appropriate remedy. Permission granted. Dismissed as withdrawn.

( 3 ) THE question of maintainability of an application for Review filed in a situation where an appeal had also been preferred came up for consideration in Ashok Kumar Monga Vs UCO Bank reported as 2003 VIII ad (DELHI) 493. In that case it was held as under:

3. THE observations in (Raja) Indrajit Pratap Bahadur sahi vs. Amar Singh and others, AIR 1923 PC 128, which have stood the test of eighty long years, apply in full force. It was observed that where an appeal has been preferred a review is out of question. In Dev Krishna and another v. Dhani Ram Saligram, AIR 1959 MP 217, a division Bench of that Court had observed that a