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High Court of Punjab and HaryanaCR/6050/2024dismissed

M/S Krishna Kumari Sood Trust v. General Public And Another

2024-10-21Mr. Justice Vikas Bahl2 pages

CR No.6050 of 2024 -1In the High Court of Punjab and Haryana at Chandigarh CR No.6050 of 2024 Date of Decision: 21.10.2024 M/s Krishna Kumari .....Petitioner

Versus

General Public and another ....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Aayush Gupta, Advocate for the petitioner. **** VIKAS BAHL, J.

1.

This revision petition under Article 227 of the Constitution of India has been filed for setting aside impugned order dated 03.08.2024 passed by learned Civil Judge (Senior Division), Ludhiana, whereby the application under Section 152/153 CPC has been dismissed. 2.

Learned counsel for the petitioner has submitted that even as per the impugned order, it has been observed that in case the petitioner had found some shortcomings in the order/judgment passed by the trial Court then he could have filed an appeal against the said order and in view of the said observations, the petitioner may be permitted to withdraw the present petition with liberty to file the cross appeal before the first Appellate Court where the appeal filed by respondent No.2 is pending and the same is listed for 27.11.2024. It is further prayed that in case the petitioner files the cross appeal within a period of 15 days from today, the first Appellate Court be directed to decide the same on merits as the petitioner was pursuing the remedy under Section 152/153 CPC for amendment of order dated DIWAKER GULATI 2024.10.24 09:24 I attest to the accuracy and integrity of this document

CR No.6050 of 2024 -207.11.2023.

3.

Keeping in view the above facts and circumstances, the petitioner is permitted to withdraw the instant petition with liberty to file the cross appeal before the first Appellate Court where the appeal filed by respondent No.2 is pending and in case the petitioner files the said appeal within a period of 15 days from today, then the first Appellate Court would consider the same on merits along with the appeal filed by respondent No.2. 21.10.2024 (VIKAS BAHL) d.gulati JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DIWAKER GULATI 2024.10.24 09:24 I attest to the accuracy and integrity of this document