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High Court of Punjab and HaryanaRA-CW/223/2016dismissed

Ranjit Singh v. The Joint Secretary Etc

2016-07-292 pages

CM No.8640 of 2016 in/and RA-CW 223 of 2016 in CM No.1856 of 2012 in CWP No.3941 of 1985

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

CM No.8640 of 2016 in/and RA-CW 223 of 2016 in CM No.1856 of 2012 in CWP No.3941 of 1985 Date of Decision : 29.7.2016 Ranjit Singh ......Petitioner Vs.

The joint Secretary (Rehabilitation)-cum-Settlement Commissioner, Haryana and others ......Respondents ...

CORAM :

HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK ...

Present :

Mr. Arun Bansal, Advocate for the petitioner. ...

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in Digest ? RAMESHWAR SINGH MALIK, J Applicant seeks condonation of delay of 1529 days in filing the review application and also seeks review of order dated 3.4.2012 passed by this court, whereby CM No.1856 of 2012 was allowed by this court, subject to all just exceptions.

During the course of hearing, it has transpired that Harbans Singh-present applicant and his brother Gulzar Singh are pursuing another litigation wherein Will is the subject matter of consideration. Will dated 26.5.2006 has been set up by applicant-Harbans Singh, whereas Gulzar Singh has set up another will dated 2.7.2006. It is pertinent to note here that GREESH SAHNI 2016.08.03 13:24 I attest to the accuracy and integrity of this document Chandigarh

CM No.8640 of 2016 in/and RA-CW 223 of 2016 in CM No.1856 of 2012 in CWP No.3941 of 1985 at an earlier point of time, this court allowed CM No.7471 of 2007 filed by present applicant-Harbans Singh in the writ petition, whereby he sought himself to be impleaded as sole legal representative of his father late Sh. Ranjit Singh, on the basis of an alleged registered will dated 26.5.2006. Said application moved by present applicant-Harbans Singh was allowed on 10.5.2007 without notice to other side. Similarly, the above said CM No.1856 of 2012,(seems to be wrongly typed as CM No.1886 of 2012), was allowed by this court, vide order dated 3.4.2012, again without notice to the other side.

Both these applications, one filed by the present applicant and other filed by his brother Gulzar Singh were allowed by this court, subject to all just exceptions.

Be that as it may, the dispute regarding Will, either it is one or two allegedly executed by their father late Sh. Ranjit Singh is still pending consideration before one or the other court. They would be at liberty to get the issue of Will decided.

In view of the above, application bearing no.8640 of 2016 as well as the Review Application no.223 of 2016 are wholly misconceived, bereft of merit and without any substance, thus, these must fail. No case for interference has been made out.

Dismissed.

29.7.2016 (RAMESHWAR SINGH MALIK) GS JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No GREESH SAHNI 2016.08.03 13:24 I attest to the accuracy and integrity of this document Chandigarh