Punjab-Haryana High Court
Amrit Pal And Ors vs Tarsem Chand And Anr on 6 December, 2023
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2023:PHHC:155720
CM-18643-CWP-2023 in/and
CWP-3059-2022 (O&M) [1] 2023:PHHC:155720
105
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM-18643-CWP-2023 in/and
CWP-3059-2022 (O&M)
Date of decision: 06.12.2023
Amrit Pal and others ...Petitioners
Versus
Tarsem Chand and another ...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Ms. Supriya Garg, Advocate for the petitioners.
Mr. Sherry K. Singla, Advocate for respondent No.1.
Mr. Kunal Muthreja, AAG, Punjab.
****
VIKAS BAHL, J. (ORAL)
CM-18643-CWP-2023
1. This is an application filed under Section 151 of CPC for
preponement of the date of hearing in the main case which is now stated to
be listed for 11.03.2024 to an early date.
2. For the reasons stated in the application, the same is allowed
and the date of hearing in the main case is preponed from 11.03.2024 to
today and the same is taken on Board today itself for final disposal.
Main case
1. This is a Civil Writ Petition filed under Article 226/227 of the
Constitution of India for issuance of a writ in the nature of certiorari for
setting aside the order dated 22.12.2021 (Annexure P-5) whereby
respondent No.2 has allowed the application filed under Section 23 of the
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Neutral Citation No:=2023:PHHC:155720
CM-18643-CWP-2023 in/and
CWP-3059-2022 (O&M) [2] 2023:PHHC:155720
Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
2. Learned State Counsel as well as learned counsel for
respondent No.1 have raised preliminary objections that against the
impugned order, in view of judgment passed by the Hon'ble Division Bench
of this Court in Paramjit Kumar Saroya Vs. Union of India and another,
reported as 2016(3) RCR (Civil) 146, an appeal would lie before the
Appellate Authority.
3. Learned counsel for the petitioners has submitted that in view
of the same, she seeks permission of this Court to withdraw the present writ
petition with liberty to file the said appeal before the Appellate Authority. It
is further submitted that since, the petitioners were pursuing the present writ
petition thus, in case the petitioners file the said appeal within a period of
thirty days from the date of receipt of certified copy of the present order
then the same be not dismissed solely on the ground of limitation.
4. In view of the above, the present Civil Writ Petition is
dismissed as withdrawn with liberty aforesaid.
5. It is made clear that in case the petitioners file the said appeal
within a period of thirty days from the date of receipt of certified copy of
the present order then the same be not dismissed solely on the ground of
limitation.
6. All the pending miscellaneous applications, if any, shall stand
disposed of in view of the abovesaid order.
06.12.2023 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
Neutral Citation No:=2023:PHHC:155720
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