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High Court of Punjab and HaryanaCR/3779/2019dismissed

Sandeep And Others v. M/S Engineering Mech (India) Private Limited And Others

2023-11-16Mr. Justice Anil Kshetarpal2 pages

2023:PHHC:145613 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 3779 of 2019 (O&M) Date of Decision: 16.11.2023 Sandeep and Others ... Petitioner(s)

Versus

M/s Engineering Mech (India) Pvt. Ltd. and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Gurinder Pal Singh, Advocate for the petitioner(s).

Mr. I.P.S.Doabia, Advocate for the respondent No.1.

Anil Kshetarpal, J.

1.

The challenge in this revision petition is to the order passed by the trial Court directing the Patwari of the area to measure the suit land and submit a report.

2.

The petitioner herein is defendant in the pending suit filed by the plaintiffs (respondents herein). The correctness of the aforesaid order was challenged on the ground that in a previous suit, report of the Local Commissioner, after demarcating the land, was already received. The correctness of the aforesaid report was already examined in the previous litigation.

3.

On 20.09.2023, the learned counsel representing the respondent No.1 undertook to argue the appeal filed from the previous litigation. Today, it has been brought to the notice of the Court that on 08.11.2023, the appeal DEEPAK KUMAR BHARDWAJ 2023.11.21 10:50 I attest to the accuracy and integrity of this document filed by the respondent No.1 has been allowed.

2023:PHHC:145613 Civil Revision No. 3779 of 2019 (O&M) 4.

In this case, the Area Patwari has only been directed to demarcate the land. In such circumstances, there is no ground to interfere. Consequently, the present revision petition is dismissed. The petitioner shall be entitled to challenge the correctness of the report in this suit at the appropriate stage.

5.

The miscellaneous application(s) pending, if any, shall stand disposed of.

(Anil Kshetarpal) Judge November 16, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.11.21 10:50 I attest to the accuracy and integrity of this document