Sulinder Pal vs Paramjit Kaur And Another
2024 Latest Caselaw 20160 P&H

Punjab-Haryana High Court

Sulinder Pal vs Paramjit Kaur And Another on 13 November, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                        Neutral Citation No:=2024:PHHC:147660




CR-6321-2024                     -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
(115)
                                           CR-6321-2024
                                           Date of Decision: - 13.11.2024

Sulinder Pal
                                                                   ....Petitioner

                                   Versus

Paramjit Kaur and another
                                                                .....Respondents


CORAM : HON'BLE MR. JUSTICE VIKAS BAHL


Present:-     Mr. Vikas Kumar Gupta, Advocate,
              for the petitioner.

              Mr. Animesh Sharma, Advocate
              for the respondents-Caveator.

                          ****

VIKAS BAHL, J. (ORAL)

1. Present revision petition has been filed under Article 227 of

the Constitution of India for setting aside the order dated 30.05.2022

(Annexure P-5) whereby the appeal filed by respondent No.1 was allowed

and application for withdrawal of warrant of possession was dismissed

and to restore the order dated 13.01.2020 passed by the Executing Court.

2. Learned counsel for the petitioner has submitted that the

petitioner had earlier filed a petition bearing CRR-1404-2022 titled as

'Sulinder Pal Vs. Paramjit Kaur and another" and vide order dated

20.08.2024, the said petition was withdrawn in view of the judgment

passed by the Coordinate Bench of this Court in CRM-M-19553-2023

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Neutral Citation No:=2024:PHHC:147660

titled as "Jaspal Kaur alias Pinki and others vs. State of Punjab and

others" decided on 24.04.2023. It is submitted that as per the judgment

dated 25.10.2024 of the Division Bench of this Court passed in CR

no.3407 of 2024 titled as "Hemant Bhagat and others vs. Prekshi Sood

Bhagat and other connected matters" the petition under Section 482

Cr.P.C. has been held to be maintainable. It is submitted that in view of

the bar under the Cr.P.C., the order dated 20.08.2024 passed in

CRR-1404-2022 cannot be recalled and thus, the petitioner be permitted

to withdraw the present petition with liberty to file a fresh petition under

Section 482 Cr.P.C.

3. In view of the statement made by learned counsel for the

petitioner, the present petition is dismissed as withdrawn with the

aforesaid liberty.

                                                               ( VIKAS BAHL )
November 13, 2024                                                   JUDGE
naresh.k

                       Whether reasoned/speaking?        Yes/No
                       Whether reportable?               Yes/No




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