[1] DBSAW 122/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT D.B. CIVIL SPECIAL APPEAL(WRIT) NO. 122/2010 IN S.B. CIVIL WRIT PETITION NO. 15086/2009 RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED Vs. SHRI MAHAVEER SIGH & ANR. Date: 08.02.2010. HON'BLE MR. JUSTICE K.S. RATHORE HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ashok Gaur, Advocate for the appellant. Mr. A.K. Bhargava, Advocate for caveator-respondent No.1. **** Mr. A.K. Bhargava, Advocate puts in appearance as caveator on behalf of the respondent No.1 Shri Mahaveer Singh and submits that the present special appeal is directed against an interim order granted on the stay application by the learned Single Judge on 05.12.2009, which is not maintainable in view of the provisions of Rule 134 sub-clause(ii) of the Rules of the High Court of Judicature for Rajasthan, 1952 (for short 'the Rules of 1952). It is further contended that an application under Article 226(3) of the Constitution of India has been filed by the appellant, which is pending consideration before the learned Single Judge. The last order sheet passed by the learned Single Judge, which has been produced by the learned counsel for [2] DBSAW 122/2010 the respondent for perusal of the Court, reveals that on 27.01.2010 the State sought time to file reply. Be that as it may, since the application under Article 226(3) of the Constitution of India is pending consideration before the learned Single Judge, in such eventuality, in view of the provisions of Rule 134 sub-clause (ii) of the Rules of 1952, simultaneously appellate jurisdiction cannot be exercised by the appellant while invoking the provisions of Rule 134 of the Rajasthan High Court Rules read with Article 225 of the Constitution of India. Consequently, the special appeal fails and the same is hereby dismissed. The stay application also stands dismissed. However, the appellant is at liberty to pursue the application under Article 226(3) of the Constitution of India before the learned Single Judge. (MAHESH BHAGWATI),J. (K.S. RATHORE),J. /KKC/