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High Court of Punjab and HaryanaRA-RS/29/2020allowed

Charan Kaur v. Balram And ORS

2023-05-02Mrs. Justice Alka Sarin2 pages

2023:PHHC:063049

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RA-RS-29-2020 (O&M) IN CM Nos.3574, 3575 & 3576-C-2020 IN ESA-45-2014 Date of decision : 02.05.2023 Charan Kaur ... Appellant(s)

Versus

Balram And Ors ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. I.P. Singh, Advocate for the review applicant-appellant.

ALKA SARIN, J. (ORAL) 1.

This is an application for review of the order dated 31.07.2020 whereby the applications (CM Nos.3574, 3575 & 3576-C-2020) have been dismissed for non-compliance of order dated 24.06.2020. 2.

Notice in the application was issued on 07.09.2020. As per the service report, respondent No.1 refused to accept notice, however, affixation has been made. Accordingly, he is deemed to having been served. Respondent Nos.2, 3 and 4 remain unserved as they were not found residing at the given address. Respondent No.5 stands duly served, however, none has put in appearance on his behalf.

YOGESH SHARMA 2023.05.03 10:15 I attest to the accuracy and integrity of this judgment/order.

Punjab and Haryana High Court, Chandigarh

2023:PHHC:063049 RA-RS-29-2020 (O&M) -23.

Learned counsel for the review applicant-appellant has pointed out that respondent Nos.2, 3 and 4 were proceeded against ex-parte even before the Court below and that respondent No.5 is the only contesting respondent.

4.

None has put in appearance on behalf of respondent Nos.1 and 5 despite being duly served. Accordingly, they are proceeded against exparte. 5.

For the reasons stated in the review application (RA-RS-292020), the same is allowed and the order dated 31.07.2020 is recalled. The applications (CM Nos.3574, 3575 & 3576-C-2020) are restored to their original numbers and be listed for hearing on 28.07.2023. ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 02.05.2023 Yogesh Sharma YOGESH SHARMA 2023.05.03 10:15 I attest to the accuracy and integrity of this judgment/order.

Punjab and Haryana High Court, Chandigarh