Parmila Devi And ORS v. State Of Haryana And ORS

LPA-1196-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-1196-2018 (O&M) Date of Decision: August 03, 2018 Parmila Devi and others ...Appellants

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE.

HON'BLE MR. JUSTICE ARUN PALLI, JUDGE.

Present:

Mr. Jasbir Mor, Advocate, for the appellants.

KRISHNA MURARI, C.J. (ORAL) This appeal has been filed after the delay and laches of 1000 days.

After the matter was heard at great length, when we confronted learned counsel for the appellants with respect to the findings returned by the learned Single Judge while deciding review application filed by the appellants regarding concealment of material facts, learned counsel finding it difficult to assail the same sought leave of the Court to permit withdrawal of the appeal.

We were inclined to impose heavy costs upon the appellants for having filed a frivolous review application with considerable delay and concealing material facts and then having audacity to file the LPA against the order passed in the review application, where a clear finding has been given that the appellants are guilty of concealing material facts. It goes PRASHANT KAPOOR 2018.08.06 11:08 I attest to the accuracy and authenticity of this document

LPA-1196-2018 (O&M) without saying that such a litigant is to be discouraged from invoking the equitable jurisdiction of this Court and the only deterrent would be to impose exemplary costs upon such litigants. However, on much persuasion of the learned counsel for the appellants, we are persuaded not to impose the costs but to permit him to withdraw the appeal. Prayer made is allowed.

Appeal stands dismissed as withdrawn.

(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE August 03, 2018 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO PRASHANT KAPOOR 2018.08.06 11:08 I attest to the accuracy and authenticity of this document