S.B. CIVIL REVISION PETITION NO.202/2009 (Municipal Council, Pali Vs. Bhanwar Lal & Ors.) Date of Order : 15.07.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Yashwant Mehta, for the petitioner. Heard learned counsel for the petitioner. Upon perusal of the impugned order, it is revealed that the learned District Judge has remitted the case for deciding the same afresh after providing opportunity of hearing. Learned District Judge has also fixed the date for appearance of respondent but instead of deciding the matter in pursuance of the remand order. This revision petition has been filed by the Municipal Council, Pali. In my opinion, no interference is required in the impugned order. However, now the petitioner may send a notice to the respondent No.1 for ensuring his presence to decide the matter afresh as per judgment dated 30.4.2009. Further, it is made clear that in the notice specific date shall be given by the petitioner – Municipal Council, Pali to the respondent No.1 for his appearance and if he will not appear before the Municipal Council, Pali on that date, then, the petitioner – Municipal Council, Pali will be at liberty to decide the matter in absence of respondent No.1 as per judgment of District Judge, Pali dated 30.4.2009. It is also clarified that copy of this order shall be annexed with the notice to be given to the respondent No.1 by the petitioner – Municipal Council, Pali. With the aforesaid observation, this revision petition is dismissed. (Gopal Krishan Vyas), J. arun/