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High Court of Punjab and HaryanaCR/1683/2020allowed

Sumit Garg v. Suresh Garg

2020-09-08Mr. Justice Arun Monga2 pages

Sr. No.110 2nd case

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM-8318-CII of 2020 and CM-8320-CII of 2020 in/and CR No. 1683 of 2020 Date of Decision: 08.09.2020 Sumit Garg

...Petitioner

Versus

Suresh Garg

...Respondent

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. A. K. Rana, Advocate, for the applicant-respondent.

Mr. Lokesh Sinhal, Advocate for the non-applicant/petitioner.

(Presence marked through video conference).

*** ARUN MONGA, J. (ORAL) CM-8318-CII of 2020 This is an application for preponing the main case, which is pending for 30.10.2020.

For the reasons stated in the application, the same is allowed and main case is taken up on Board today itself.

Main case Present revision petition has been filed against an order dated 21.12.2019, whereby his application for correction in judgment and decree dated 21.08.2012 was dismissed on the ground of limitation observing that application for correction was filed after almost 7 years from the date of judgment and decree.

I have heard learned counsel for the parties and perused the case file. SONU 2020.09.09 09:20 I attest to the accuracy and integrity of this document

Learned counsel for the applicant-respondent submits that he has no objection to the application filed by the petitioner as dispute between the petitioner and applicant/respondent, who are family members, was, in fact, settled as claimed in the plaint (Annexure P-1) and the suit ought to have ben decreed per prayer in the plaint.

He further submits that applicant/respondent has got no objection if present revision petition is allowed by setting aside the order dated 21.12.2019 passed by the Civil Judge (Junior Division) Faridabad and application filed by the petitioner for correction in the judgment and decree be allowed.

In view of no objection given by learned counsel for the applicantrespondent, the Civil Revision Petition is allowed. Order passed by the trial Court is set aside. Trial Court is directed to prepare fresh decree sheet in terms of the prayer made in the plaint.

Civil Revision stands allowed in the aforesaid terms. Pending application, if any, shall also stand disposed of. (ARUN MONGA) SEPTEMBER 08, 2020 JUDGE Vandana Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.09.09 09:20 I attest to the accuracy and integrity of this document