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High Court of Punjab and HaryanaCR/5087/2023disposed of

Sanjiv Gupta And Another v. Rajiv Gupta And Others

2025-08-04Mrs. Justice Archana Puri2 pages

CR-5087-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.153 CR-5087-2023 Date of Decision: 04.08.2025 SANJIV GUPTA AND ANOTHER ....Petitioners

Versus

RAJIV GUPTA AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ashok Bhardwaj, Advocate for the petitioners.

Mr. Sahil Singla, Advocate for the respondents.

***** ARCHANA PURI, J. (Oral) At this stage, counsel for the respondents has given a statement that he has no objection, if the revision petition is allowed and an opportunity is granted to the petitioners, to file written statement. In view of the submission so made, this Court has gone through the paperbook. Perusal of the same reveals that the suit for mandatory injunction was filed by respondent No.1 against the petitioner. However, despite availing several opportunities, the written statement was not filed. Gone through the impugned order.

It is solely on account of the duration of the time taken for filing of the written statement, the Presiding Officer, has struck off the defence. This order was passed on 27.07.2023 and on account of stay having been granted by this Court, the case has not proceeded further, before learned Trial Court.

Anu 2025.08.05 11:31 I attest to the accuracy and authenticity of this document Chandigarh

CR-5087-2023 Considering the time already consumed and more particularly, the fact about the period of 90 days to file written statement, being not mandatory provision, which also does not call for any penal consequences, without prejudice to the rights of the parties, to be adjudicated on merits, the revision petition, as such, is allowed and the impugned order dated 27.07.2023, is hereby set aside.

Petitioner No.1/defendant No.1, is hereby directed to make appearance before learned Trial Court on the next date fixed and file written statement. No further opportunity in any case, shall be given by learned Trial Court, to file the written statement.

In view of the aforesaid terms, the revision petition stands disposed of.

(ARCHANA PURI) 04.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Anu 2025.08.05 11:31 I attest to the accuracy and authenticity of this document Chandigarh