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High Court of Punjab and HaryanaCR/8447/2015disposed of

Harpal Singh v. Jit Singh And ANR

2018-02-27Mrs. Justice Anita Chaudhry2 pages

Civil Revision No.8447 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.8447 of 2015 (O&M) Date of Order: 27.02.2018 Harpal Singh ..Petitioner

Versus

Jit Singh and another ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Ravi Sodhi, Advocate, for the petitioner.

Mr. Arun Jain, Sr. Advocate, with Mr. Vaibhav Sehgal, Advocate, for respondent no.1.

Mr. S.C.Pathela, Advocate, for respondent no.2.

ANIL KSHETARPAL, J.

At the outset, learned senior counsel for respondent no.1 has pointed out that the orders under challenge are appealable under Order 43 Rule 1(c)(d). He submits that only appeal is maintainable and the present revision petition is not directly maintainable. On 11.12.2015, this Court has issued notice of motion and thereafter on 15.01.2016, a conditional stay was granted on deposit of Rs.5,00,000/-.

Learned counsel for the petitioner has submitted that the aforesaid amount has been deposited.

Taking into consideration the aforesaid facts, this Court is of the considered opinion that let this revision petition be treated as the first appeal and decided by the learned first appellate court at Ludhiana. Naresh Kumar 2018.03.01 12:49 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.8447 of 2015 (O&M) -2Registry is directed to remit the paper book, after keeping the photostat thereof, to the learned District Judge, Ludhaiana, who would either himself decide or assign this case to a competent Court of jurisdiction.

The learned first appellate court is requested to finally adjudicate upon the appeal on merits within a period of three months from the date of receipt of file of the paper book. Parties through their counsel are directed to appear before the learned District Judge, Ludhiana on 12.03.2018, at 10.00 AM. The revision petition stands disposed of accordingly. February 27, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2018.03.01 12:49 I attest to the accuracy and integrity of this document Chandigarh