Harbhajan Singh Deol v. Avtar Singh And ORS

RA-RS No.143-C of 2016 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RA-RS No.143-C of 2016 (O&M) in RSA No.102 of 2011 Date of Decision.08.12.2016 Harbhajan Singh Deol .......Appellant Vs Avtar Singh and others ........Respondents

Present:

Mr. Onkar Singh, Advocate for the applicant-respondent.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Mr. Onkar Singh, Advocate files vakalatnama with no objection for the applicant-respondent and submits that against the judgment dated 24.05.2016 passed by this Court, a Special Leave Petition was filed bearing No.27634 of 2016 which was dismissed vide order dated 26.09.2016. The dismissal of SLP would not be a bar in filing the review petition as there is error apparent on the face of record, owing to the fact that there is no specific challenge to the gift deed. He further submits that appellants-plaintiffs have not been able to prove the property to be ancestral. On going through the contents of the review petition, I am of the view that all the averments in the review petition is an attempt to re-argue the appeal which is not the scope of the review.

The observation of mine with regard to the fact there is no challenge to the gift deed has already been upheld by Hon'ble Supreme Court, keeping in view the fact that the original gift deed has not seen the light of the day. The statement of DW2, Record Keeper from the office of Registrar noticing the same, has been accepted. PANKAJ KUMAR 2016.12.

RA-RS No.143-C of 2016 (O&M) -2I do not intend to recall/review the judgment passed on 24.05.2016 as there is no error apparent on the face of record. Even the application is accompanied by delay of 134 days. No explanation or cogent reasons have been given seeking condonation of the delay as the SLP was dismissed on 26.09.2016. In my view, the delay is not explained.

The review application is dismissed on both ground i.e. on account of delay and as well as on merits.

(AMIT RAWAL) JUDGE December 08, 2016 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2016.12.13 11:47 I attest to the accuracy and integrity of this document