High Court of Punjab and HaryanaCR/5068/2017allowed

Manoj Kumar v. Ansal Housing And Construction Ltd. And ANR.

2017-12-08Mrs. Justice Raj Rahul Garg2 pages

C. R No. 5068 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 5068 of 2017 (O&M) Date of decision : 08.12.2017 Manoj Kumar ....Petitioner versus Ansal Housing & Constr. Ltd and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Saurabh Bajaj, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) C.M. No. 26251-CII-2017 Application is allowed as prayed for.

Accordingly, affidavit of the petitioner is taken on record. C.R. No. 5068-2017 Challenge in this petition is to order dated 04.05.2017 passed by learned Civil Judge (Jr. Divn.), Karnal whereby the evidence of the petitioner/plaintiff was closed and has further sustained the objection raised by counsel for the respondent/defendant consequentially petitioner was restrained from putting quest5ion about the part competition document regarding the housing project of the respondent/defendant-company. Plaintiff/Petitioner filed a suit for declaration and mandatory injunction with the consequential relief of permanent injunction against respondent who is the company having a residential project in the name of "Ansal Town Karnal". In the aforesaid suit, the petitioner alleged that he had purchased Plot No. B/106 measuring 309.87 sq yards into the Gaurav Arora 2017.12.15 16:31 I attest to the accuracy and integrity of this document Chandigarh

C. R No. 5068 of 2017 (O&M) residential project of respondent in the year 2011. The possession was delayed by the respondent-company.

Learned counsel submits that P.W.3 Jai Prakash is a witness from Town and Country Planning and would be essential to be examined for just decision of the case as he is from the department who can give the correct information about the completion of the project. In view of the above, order dated 04.05.2017 passed by learned Civil Judge (Jr. Divn.), Karnal is hereby set aside and the instant revision petition is allowed and the trial Court is directed to give one effective opportunity to the petitioner to summon the said witness and complete his evidence.

08.12.2017 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2017.12.15 16:31 I attest to the accuracy and integrity of this document Chandigarh