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High Court of Punjab and HaryanaCR/1652/2020disposed of

Jagdev Singh (Deceased) Through His Son Anup Singh v. Hoshiar Singh And Others

2023-05-30Mrs. Justice Alka Sarin2 pages

2023:PHHC:079093

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-1652-2020 (O&M) Date of decision : 30.05.2023 Jagdev Singh (deceased) through his son Anup Singh ... Petitioner(s)

Versus

Hoshiar Singh and Others ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Surender Saini, Advocate for the petitioner. Mr. Rajender Singh Malik, Advocate for respondent No.1. ALKA SARIN, J. (ORAL) 1.

The limited grievance of the petitioner herein is that vide the impugned order dated 17.08.2019 his right to file objections has been forfeited.

2.

Learned counsel for the petitioner would contend that the petitioner wanted to file his objections along with the demarcation report of the Assistant Collector and, therefore, he had sought one opportunity to do so which was denied vide the impugned order dated 17.08.2019. 3.

Per contra, learned counsel for respondent No.1 has contended that the petitioner had lost right upto this Court and now only to delay the matter time was sought again and again to file the objections. YOGESH SHARMA 2023.05.31 09:52 I attest to the accuracy and integrity of this judgment/order.

Punjab and Haryana High Court, Chandigarh

2023:PHHC:079093 CR-1652-2020 (O&M) -24.

Heard.

5.

Without going into the merits of the case and in order to do complete justice between the parties, this Court deems it appropriate to grant one opportunity to the petitioner herein to file his objections on or before 09.06.2023. Accordingly, the impugned order dated 17.08.2019 is set aside. The petitioner is granted one opportunity to file his objections on or before 09.06.2023, subject to payment of Rs.20,000/- as costs to be paid to respondent No.1. The payment of costs shall be a condition precedent. It is made clear that in case the objections are not filed on or before 09.06.2023, the present revision petition shall be deemed to having been dismissed. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

30.05.2023 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2023.05.31 09:52 I attest to the accuracy and integrity of this judgment/order.

Punjab and Haryana High Court, Chandigarh