Rakesh Kumar v. Hisar Gangwa Modern House Building Society Limited And ANR

Manoj Kumar 2018.04.25 11:27 I attest to the accuracy and integrity of this document

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH C.R.No.2741 of 2015 Rakesh Kumar ....Petitioner

Versus

Hisar Gangwa Modern House Building Society Ltd & Anr. ....Respondents Date of Order: 23.4.2018

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Shalender Mohan, Advocate for the petitioner. Mr. Harit Sharma, Advocate for respondent No.1. Mr. Vijay Singh Kajla, Advocate for respondent No.2. AMIT RAWAL, J (ORAL) Present revision petition has been directed against the impugned order dated 21.2.2015 (P.5) passed by Civil Judge (Sr. Division), Hisar whereby objections filed by respondent No.2-Raghuvir Singh of execution being not maintainable and executable have been accepted. In my view, the impugned order is appealable in terms of provisions of Order 21 Rule 103 CPC, therefore the petitioner has remedy of filing the appeal and not the revision petition. Faced with the situation, learned counsel for the petitioner prays for withdrawal of the present petition with liberty to file an appeal before the court below accompanied by application seeking condonation of delay.

Dismissed as withdrawn with the aforesaid liberty. April 23, 2018 `(AMIT RAWAL) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No