Om Kant v. Ajeev Kumar And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (123) CR-4586-2024 Date of Decision: 27.11.2024 Om Kant .....Petitioner

Versus

Ajeev Kumar and others ....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:

Mr. Raman Kumar, Advocate for Mr. Rajeev K. Kapila, Advocate for the petitioner. **** VIKAS SURI , J. (Oral) 1.

Prayer in this revision petition under Article 227 of the Constitution of India is for setting aside order dated 05.07.2024 passed by the learned Civil Judge (Junior Division), Dasuya, whereby the application for appointment of local commissioner to determine the period, age and nature of construction of the house constructed on the suit land, was dismissed.

2.

Learned counsel for the petitioner is not in a position to dispute that the onus to prove the age of the construction rested upon the petitioner and his right to lead evidence has not been closed so far. 3.

At this stage, learned counsel for the petitioner prays for withdrawal of the instant petition with liberty to the petitioner to seek alternative recourse, as available in law.

4.

Dismissed as withdrawn with liberty aforesaid. November 27, 2024 (VIKAS SURI) d.gulati JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DIWAKER GULATI 2024.11.28 17:37 I attest to the accuracy and integrity of this document