Jatinder Kumar vs Om Parkash (Bhola)
2024 Latest Caselaw 7942 P&H

Punjab-Haryana High Court

Jatinder Kumar vs Om Parkash (Bhola) on 16 April, 2024

Author: Archana Puri

Bench: Archana Puri

                                         Neutral Citation No:=2024:PHHC:050576



                                                                   2024:PHHC:050576
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CR-6930-2019 (O&M)

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

Sr. No.113
                                                         CR-6930-2019 (O&M)
                                                   Date of Decision: 16.04.2024

JATINDER KUMAR

                                                                       ....Petitioner
                                      Versus

OM PARKASH (BHOLA)
                                                                     .....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:-    Ms. Pallavi Babbar, Amicus Curiae,
             for non-applicant/petitioner.

             Mr. Jatinder Singla and Mr. J.K.Singla, Advocates
             for the applicant/respondent.

                     *****

ARCHANA PURI, J. (Oral)

CM-15664-CII-2023

The present application had been filed for early hearing of the

revision petition, when it was fixed for 28.11.2023.

Since, the date fixed has already passed by, the instant

application has become infructuous and the same is hereby dismissed, as

such.

CM-15665-CII-2023 AND CR-6930-2019

The present application has been filed at the behest of

applicant/respondent for disposal of the main revision petition i.e. CR-6930-

2019.

It is submitted by learned counsel for the applicant/respondent

that the revision petition in hand was filed to assail the order dated

14.10.2019, passed on an application filed at the behest of Jatinder Kumar,

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Neutral Citation No:=2024:PHHC:050576

2024:PHHC:050576

CR-6930-2019 (O&M)

petitioner for stay of Civil Miscellaneous Application No. 27/2018 and of

the operation of the ex parte order dated 22.05.2018 and of ex parte

judgment and decree dated 28.05.2018. The said application was dismissed

by the Trial Court, vide the impugned order.

However, it has been brought to the notice of the court at this

stage that an application under Order 9 Rule 13 CPC filed at the instance of

the petitioner was dismissed by the Court below, vide order dated

24.08.2022 and even the appeal filed at the instance of the petitioner, to

assail the order dated 24.08.2022, was dismissed by the Appellate Court,

vide order dated 14.08.2023, copy whereof is Annexure R-5.

The aforesaid fact situation, as such, is not disputed by learned

counsel for the petitioner.

In the given circumstances, considering the impugned order to

be an offshoot, relating to the application under Order 9 Rule 13 CPC, the

instant revision petition has become infructuous.

In the light of the aforesaid orders passed by the Court below,

the instant application is hereby allowed and the revision petition is hereby

dismissed, as having become infructuous.

                                                       (ARCHANA PURI)
16.04.2024                                                 JUDGE
Sonu

             Whether speaking/reasoned           :     Yes

             Whether reportable                  :     Yes/No




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