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High Court of Punjab and HaryanaCR/5947/2018dismissed

Gulshan And ANR v. Nandi Devi And ORS

2025-04-02Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-5947-2018 (O&M) Date of Decision : 02.04.2025 GULSHAN AND ANR .... Petitioners

VERSUS

NANDI DEVI AND ORS .... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Parminder Singh, Advocate for the petitioners. Mr. Saket Bhandari, Advocate for respondent No.1. ALKA SARIN, J. (ORAL) 1.

Suit for declaration filed by the plaintiff-petitioners herein was initially decided vide ex parte judgment and decree dated 09.02.2010. Defendant-respondent No.1 herein filed an application challenging the ex parte judgment and decree dated 09.02.2010 which was dismissed by the Trial Court vide order dated 26.03.2013. An appeal was preferred by defendant-respondent No.1 which was allowed vide order dated 14.08.2018. Hence, the present revision petition by the plaintiff-petitioners challenging the order dated 14.08.2018 passed by the First Appellate Court. 2.

Learned counsel for defendant-respondent No.1 has, at the outset, pointed out that after the matter was remanded back to the Trial Court concerned, the suit was dismissed on merits vide judgment and decree dated 20.03.2019 passed by the Trial Court and an appeal has already been AMAN JAIN 2025.04.03 09:31 I attest to the accuracy and integrity of this order/judgment

CR-5947-2018 (O&M) -2preferred by the plaintiff-petitioners herein which is pending before the First Appellate Court.

3.

Faced with the same, learned counsel for the plaintiffpetitioners seeks permission to withdraw the present revision petition with liberty to raise all the pleas before the First Appellate Court concerned. 4.

Dismissed as withdrawn with the liberty aforesaid. Pending applications, if any, also stand disposed off. 02.04.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2025.04.03 09:31 I attest to the accuracy and integrity of this order/judgment