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High Court of Punjab and HaryanaCR/910/2023disposed of

Reena Garg v. Hari Ram And Others

2023-05-01Mr. Justice Arun Monga2 pages

2023:PHHC:061760 CM-7024-CII-2023 IN/AND CR-910-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CM-7024-CII-2023 IN/AND CR-910-2023 (O&M) Date of decision: May 01, 2023 Reena Garg ....Petitioner versus Hari Ram and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Siddharth Gupta, Advocate for applicant-petitioner. Mr. Sumeet Jain, Advocate for respondents.

***** ARUN MONGA, J. (ORAL) CM-7024-CII-2023 This is an application for issuing directions to learned Additional Judges, Bathinda to adjourn Civil Appeal bearing CMA-65-2021 dated 25.08.2021 titled "Hari Ram and others Vs. Reena Garg) and Civil Appeal bearing CMA-742022 dated 30.07.2022 titled "Reena Garg Vs. Krishna Devi and others" beyond the date fixed in main revision petition.

2.

Instead of rendering piecemeal decision on the application vis-à-vis revision petition, it is deemed appropriate that revision petition itself is heard. Main case is taken on Board for hearing today itself. Next date fixed in main case i.e., 18.07.2023, stands cancelled.

3.

Registry to do the needful.

Main case (O&M) Petition herein inter alia is for setting aside impugned order dated 11.01.2023 (Annexure P-1) passed by learned District Judge, Bathinda whereby application of petitioner for consolidation of Civil Appeal bearing CMA-65-2021 dated 25.08.2021 (filed on 108.08.2021) titled "Hari Ram and others Vs. Reena MAHAVIR SINGH 2023.05.02 10:29 I attest to the accuracy and authenticity of this order/ judgment -1-

2023:PHHC:061760 CM-7024-CII-2023 IN/AND CR-910-2023 (O&M) Garg) pending in the Court of Sh. Hira Singh Gill, learned Additional District Judge, Bathinda and Civil Appeal bearing CMA-74-2022 dated 30.07.2022 titled "Reena Garg Vs. Krishna Devi and others" pending in the Court of Sh. Dinesh Kumar Wadhwa, learned Additional District Judge, Bathinda, was dismissed. 2.

At the outset, learned counsel for respondents, appears on advance knowledge of listing of aforesaid application, and states that he is under instructions not to object to listing of both the aforesaid first appeals i.e., Civil Appeal bearing CMA-65-2021 dated 25.08.2021 (filed on 108.08.2021) titled "Hari Ram and others Vs. Reena Garg) and Civil Appeal bearing CMA-74-2022 dated 30.07.2022 titled "Reena Garg Vs. Krishna Devi and others" before any of the First Appellate Courts in the district in order to avoid possibility of any conflicting views.

3.

Said suggestion is acceptable to learned counsel for petitioner. 4.

In view of the aforesaid, revision petition is disposed of with a request to learned District Judge, Bathinda for listing of both aforesaid first appeals before any one Judge whoever he may think appropriate. However, it is made clear that listing of both the first appeals before same Judge would not mean consolidation of cases and both cases will be decided on its own merits. 5.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE May 01, 2023 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2023.05.02 10:29 I attest to the accuracy and authenticity of this order/ judgment -2-