Rajinder Kumar v. Municipal Committee & ORS.

Manoj Kumar 2018.05.21 09:03 I attest to the accuracy and integrity of this document C.R.No.736 of 2018

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH C.R.No.736 of 2018 Rajinder Kumar

...Petitioner

Versus

Municipal Committee, Ladwa and Ors.

....Respondents Date of Order: 15.5.2018

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. T.K Dhingra, Advocate for the petitioner. Mr. Sachin Gupta, Advocate for respondent No.1. Ms. Tanvi Jain, Advocate for respondent Nos.2 to 5. AMIT RAWAL, J (ORAL) Sh. Sachin Gupta, Advocate has appeared for respondent No.1 whereas Ms. Tanvi Jain, Advocate puts in appearance for respondent Nos.2 to 5.

During the course of hearing, learned counsel for respondent No.1 has produced certified copy of zimni order dated 08.5.2018 passed by the trial court vide which the plaintiffs had sought the permission to withdraw the suit but the said request was not entertained and kept pending owing to the stay order dated 05.2.2018 of this Court of not passing the final order in the meanwhile.

Faced with such situation, learned counsel for the petitioner submits that the petitioners were seriously affected during the pendency of the suit in the light of resolution passed by the M.C and occasion arose for moving application for impleadment under Order 1 Rule 10 CPC. Once the

C.R.No.736 of 2018 respondents-plaintiffs are withdrawing the suit, he would not be opposing the prayer.

In view of aforesaid, present revision petition is disposed of with the observations that the order under challenge would not come in the way of the petitioners, in case the respondents-plaintiffs withdraw the suit. However, the petitioners are given liberty to move for revival of the revision petition, if any cause arises.

May 15, 2018 `(AMIT RAWAL) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No