M/S Krishna Kumari Sood Trust vs General Public And Another
2024 Latest Caselaw 18615 P&H

Punjab-Haryana High Court

M/S Krishna Kumari Sood Trust vs General Public And Another on 21 October, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                 Neutral Citation No:=2024:PHHC:137273




CR No.6050 of 2024                -1-




        In the High Court of Punjab and Haryana at Chandigarh

                                               CR No.6050 of 2024

                                               Date of Decision: 21.10.2024

M/s Krishna Kumari                                         .....Petitioner

                                  Versus

General Public and another                                 ....Respondents


CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr. Aayush Gupta, Advocate for the petitioner.

                         ****
VIKAS BAHL, J.

1. This revision petition under Article 227 of the Constitution of

India has been filed for setting aside impugned order dated 03.08.2024

passed by learned Civil Judge (Senior Division), Ludhiana, whereby the

application under Section 152/153 CPC has been dismissed.

2. Learned counsel for the petitioner has submitted that even as

per the impugned order, it has been observed that in case the petitioner had

found some shortcomings in the order/judgment passed by the trial Court

then he could have filed an appeal against the said order and in view of the

said observations, the petitioner may be permitted to withdraw the present

petition with liberty to file the cross appeal before the first Appellate Court

where the appeal filed by respondent No.2 is pending and the same is listed

for 27.11.2024. It is further prayed that in case the petitioner files the cross

appeal within a period of 15 days from today, the first Appellate Court be

directed to decide the same on merits as the petitioner was pursuing the

remedy under Section 152/153 CPC for amendment of order dated

1 of 2

Neutral Citation No:=2024:PHHC:137273

07.11.2023.

3. Keeping in view the above facts and circumstances, the

petitioner is permitted to withdraw the instant petition with liberty to file the

cross appeal before the first Appellate Court where the appeal filed by

respondent No.2 is pending and in case the petitioner files the said appeal

within a period of 15 days from today, then the first Appellate Court would

consider the same on merits along with the appeal filed by respondent No.2.

21.10.2024                                             (VIKAS BAHL)
d.gulati                                                   JUDGE

              Whether speaking/reasoned         :      Yes/No
              Whether reportable                :      Yes/No




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