Jeet Ram vs Asha Chahar
2024 Latest Caselaw 19949 P&H

Punjab-Haryana High Court

Jeet Ram vs Asha Chahar on 11 November, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                Neutral Citation No:=2024:PHHC:146206




CM-19372-CII-2024 in/and
CR-5447-2024                        [1]


122
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                 CM-19372-CII-2024 in/and
                                                 CR-5447-2024
                                                 Date of decision: 11.11.2024

Jeet Ram

                                                                     ...Petitioner

                                        Versus

Asha Chahar

                                                                   ...Respondent

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:    Mr. Saurabh Dalal, Advocate for the petitioner.

            ****

VIKAS BAHL, J. (ORAL)

CM-19372-CII-2024

1. This is an application filed under Order 9 Rule 9 CPC for

restoration of the case and recalling of order dated 04.10.2024.

2. For the reasons stated in the application which is duly

supported by an affidavit, the present application is allowed and order dated

04.10.2024 is recalled and the main case is restored to its original number

and same is taken on Board today itself for final disposal.

Main case

1. This is a revision petition filed under Article 227 of the

Constitution of India for setting aside the impugned order dated 20.08.2024.

2. Learned counsel for the petitioner has submitted that against

the judgment and decree dated 12.01.2017, the petitioner had filed an appeal

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Neutral Citation No:=2024:PHHC:146206

CM-19372-CII-2024 in/and CR-5447-2024 [2]

which was also dismissed and has thereafter, filed Regular Second Appeal

which is pending adjudication before this Court. It is fairly submitted that

there is no interim order in favour of the petitioner in the said second appeal

and has submitted that petitioner be permitted to withdraw the present

revision petition with liberty to the petitioner to file an application for

restitution, in case, the said second appeal is allowed or any other

appropriate application, in case, any interim order is passed in favour of the

petitioner in the said second appeal.

3. In view of the above, the present revision petition is dismissed

as withdrawn with liberty aforesaid.

11.11.2024                                            (VIKAS BAHL)
Pawan                                                    JUDGE


             Whether speaking/reasoned:-              Yes/No

             Whether reportable:-                     Yes/No




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