Raghbir Singh v. Jaswinder Singh And Others

2023:PHHC:050745

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CIVIL REVISION No.2107 of 2023 (O&M) DATE OF DECISION : 12.04.2023 Raghbir Singh .....Petitioner versus Jaswinder Singh and Others .....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Shvetanshu Goel, Advocate for the petitioner Mr. Aayush Gupta, Advocate for the caveator/respondent ..

ALKA SARIN, J. (Oral):

Notice of motion. Learned counsel appearing on behalf of the caveator-respondents accepts notice. Service is complete. Learned counsel appearing on behalf of the respondents, at the outset, states that the plaintiff-respondents do not wish to pursue the application for leading evidence in rebuttal (Annexure P-4) which has been allowed vide the order dated 06.01.2023 impugned in the present petition because of the fact that in a suit for specific performance filed by the petitioner herein neither the Will dated 28.04.1995 nor the agreement to PARKASH CHAND 2023.04.13 12:00 I attest to the accuracy and authenticity of this order/judgment.

2023:PHHC:050745 CR-2107-2023 - 2 - sell dated 28.04.1995 was proved and the suit itself stands dismissed vide judgment and decree dated 02.11.2022.

In view of the statement made by the counsel appearing on behalf of the respondents, the present revision petition is allowed and the impugned order dated 06.01.2023 (Annexure P-6) is set aside. The application for leading evidence in rebuttal (Annexure P-4) stands dismissed. Pending applications, if any, also stand disposed off. 12.04.2023 (ALKA SARIN) parkash JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2023.04.13 12:00 I attest to the accuracy and authenticity of this order/judgment.