1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPECIAL APPEAL CIVIL No. 16 of 2003 PRAVEEN KUMAR V/S ABDUL KHAN & ORS Mr. S.KHAN for Mr. PRADEEP SHAH, for the appellant / petitioner Date of Order : 16.7.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Learned counsel invited our attention to the order dt. 10.12.2002 passed in Civil Special Appeal No. 85/2002. Thereby that appeal has been admitted, and on the question of maintainability of the appeal, public notice to the Members of the Bar to assist the Court on the subject of maintainability of special appeal was ordered to be issued. The fact remains that the impugned order of the learned Single Judge was passed on 10.12.2002 while Section 100A was introduced by amendment w.e.f. 1.7.2002, and the question has now been decided by Hon'ble the Supreme Court in the latest judgment in Kamla Devi Vs. Khushal Kanwar & Anr., reported in AIR 2007 SC 663, and by this Court in RSRTC Vs Vaibhav Kumar & Ors., reported in 2007(1) DNJ (Raj.) 569. 2 In view of the aforesaid judgments, in our view, this being an intra court appeal having been filed against the judgment of learned Single Judge dated 10.12.2002 passed in misc. appeal is not maintainable. The appeal is, therefore, dismissed. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /Sushil/