Suresh Jindal And ANR v. Usha Jindal And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2712-2022 (O&M) Date of Decision: August 23, 2022 Suresh Jindal @ Suresh Gupta and another

...Petitioners

VERSUS

Usha Jindal and others

...Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Arihant Jain, Advocate for the petitioners.

**** ARCHANA PURI, J.

CM-9860-CII-2022 The present application has been filed for placing on record order dated 09.04.2019 (Annexure P-4).

Keeping in view the averments made in the application, the same is allowed and order dated 09.04.2019 (Annexure P-4) passed in CR No.6350-2017 is taken on record.

Present revision petition has been filed for issuance of directions to respondent No.9-Tehsildar, Ambala and respondent No.10Halqa Patwari, Ambala, for making entry in the revenue record, as per the

-2judgment and decree dated 03.05.2014 (Annexure P-1) passed by learned Civil Judge (Jr. Divn.), which was corrected vide order dated 24.01.2022 (Annexure P-2) passed by learned Civil Judge (Jr. Divn.), on the basis of the order dated 09.04.2019 passed by this Court in Civil Suit No.168-CS/RBT of 2006/2012.

It is submitted by learned counsel for the petitioner that initially petitioners Suresh Jindal and Ashima @ Princy had filed suit for declaration, which was decreed vide judgment dated 03.05.2014. It is submitted that at the time of filing of the suit, the khasra number was mentioned as 27//2 instead of 21//2. However, this inadvertent mistake crept in the plaint as well as in the judgment and decree (Annexure P-1). When this mistake came to the notice of the petitioners, an application was filed before the lower Court for rectification of the khasra number but the same was declined. Thereupon, the petitioners had knocked the door of this Court, by way of filing CR-6350-2017 and vide order dated 09.04.2019, a direction was given to the lower Court, for making the necessary correction, which was carried out in the judgment and decree vide order dated 24.01.2022.

Now, it is submitted by learned counsel for the petitioners that on the basis of the judgment and decree dated 03.05.2014, which was corrected vide order dated 24.01.2022, necessary entries are not being made in the revenue record by respondents No.9 and 10, despite repeated requests. Even, Annexure P-3 is the application, which has been filed but no action has been taken by the aforesaid respondents No.9 and 10. Considering the aforesaid seriatim of facts and necessary correction, so carried out by the Court below, the concerned Tehsildar and

-3Halqa Patwari, who are impleaded as respondents No.9 and 10, respectively, are hereby directed to carry out necessary correction, in the revenue record, within eight weeks from today onwards.

Accordingly, the present revision petition stands disposed of. August 23, 2022 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No