Tarsem v. Civil Judge (Jr Divn) Safidon And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CWP-16967-2025 (O&M) Date of Decision : July 01, 2025 TARSEM -PETITIONER V/S CIVIL JUDGE (JR. DIVN.) SAFIDON AND ANOTHER -RESPONDENTS
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present:
Mr. Amit Kumar Jain, Advocate for the petitioner.
*** KULDEEP TIWARI, J. (ORAL) CM-8707-CWP-2025 1.
Through this application, prayer is made for permitting the applicant/petitioner's daughter to file the present writ petition on behalf of the petitioner, who is a mentally infirm person. 2.
For the reasons assigned in this application, the same is allowed.
CWP-16967-2025 3.
Through the present writ petition, prayer is made for setting aside the award dated 18.10.2018 (Annexure P-5), passed by the Civil Judge (Jr. Division), Sub Division, Safidon.
4.
The present writ petition has been filed by considering Annexure P-5, which is challenged before this Court, to be an award. This Court posed a specific query to the learned counsel for the petitioner, as to whether the matter was ever referred to the Lok Adalat under the apt DEVINDER YADAV 2025.07.01 13:30 I attest to the accuracy and authenticity of this order/judgment
CWP-16967-2025 (O&M) provisions of law. He fairly answered the above query in negative and also fairly admitted that, the Civil Judge concerned ought to have passed a decree instead of recording it as an award.
5.
In view of the above, this Court is of the opinion that, the present writ petition is not maintainable, as the impugned order (Annexure P-5) cannot be considered to be an award. Therefore, the present writ petition is dismissed being non maintainable. However, liberty is reserved to the petitioner to, in case he has any grievance with Annexure P-5, avail the appropriate statutory alternative remedy(ies). (KULDEEP TIWARI) July 01, 2025 JUDGE devinder Whether speaking/reasoned :
Yes/No Whether Reportable :
Yes/No DEVINDER YADAV 2025.07.01 13:30 I attest to the accuracy and authenticity of this order/judgment