JUDGMENT

Jayant Nath, J. (Oral)

CM No.4081/2017

Allowed subject to all just exceptions.

CM No.4082/2017

For the reasons stated in the application the delay of 10 days in re-filing the petition is condoned. Application is allowed.

CM(M) 130/2017 & CM No.4080/2017 (stay)

1. The present petition is filed under Article 227 of the Constitution of India seeking to impugn the order dated 15.10.2016 passed by the appellate court disposing of a preliminary issue regarding maintainability of the appeal.

2. The petitioner seeks to raise a legal plea, namely, that in case the appellant files a review petition against a judgment in terms of order 47 CPC he cannot file an appeal against the same order.

3. The appellate court where this objection was raised in the appeal filed by the respondent after going through the legal position and the judgments of the Supreme Court concluded that if a review petition is filed before filing of the appeal, the review petition is maintainable. If the appeal is filed thereafter i.e. after the review had been filed and is disposed of before the review petition is decided, the jurisdiction of the court hearing the review petition comes to an end.

4. I hav