1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 1949 of 2005 NAGARPALIKA RAWATSAR(RAJ.) V/S LRS OF GOPAL RAM & ORS. Mr. SP SHARMA, for the appellant / petitioner Mr. YOGESH SHARMA, for the respondent Date of Order : 16.8.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. By the impugned order, Annex.10, the learned lower appellate Court has dismissed the petitioner's application for restoration of the appeal inter-alia on the ground that the appellant was not a party in the appeal, and therefore, it can't maintain the application. It is contended by learned counsel for the petitioner that the application was filed under Order 22 Rule 10 as the land of Mandi Vikas Samiti, Hanumangarh was transferred to the Municipal Board, Hanumangarh, and therefore, the Municipal Board was the successor of the appellant, and therefore, it was entitled to maintain the application. In my view, the impugned order cannot be sustained so far as it dismisses the application on the ground of it being not maintainable. The other aspect of the matter 2 observed regarding merits need not detain me at the moment as the application was considered as not maintainable. Accordingly, the writ petition is allowed. The impugned order, Annex.10 is set aside and the learned lower Appellate Court is directed to consider the application filed on behalf of the petitioner on merits in accordance with law. ( N P GUPTA ),J. /tarun/