Jasjit Khurana v. Munish Gupta And Others

2023:PHHC:159807

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CR No.7420 of 2023 Date of Decision: 13.12.2023 Jasjit Khurana .....Revisionist-Petitioner.

Versus

Munish Gupta and others .....Respondents.

CORAM:

HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Rehatbir Singh Mann, Advocate and Mr. Nikhil Sabharwal, Advocate for the revisionist-petitioner.

MEENAKSHI I. MEHTA, J. (Oral) By filing the instant revision-petition under Article 227 of the Constitution of India, the revisionist-petitioner-defendant No.2 (here-inafter to be referred as 'the petitioner') has sought the indulgence of this Court for the issuance of direction to learned Civil Judge (Junior Division), Kharar to remit the record pertaining to Civil Suit No.38 of 2017 titled as 'Munish Gupta and another Versus Gopal Krishan and others' to the Court of learned Additional District Judge, SAS Nagar (for short, 'the Appellate Court') in connection with the Civil Misc. Appeal No.72 of 2019 titled as 'Jasjit Khurana Versus Munish Gupta and others', preferred by him (petitioner) against the order dated 13.05.2019 (Annexure P-6), while averring that the above-mentioned appeal had been filed in the year 2019 and it has not yet been decided.

YAG DUTT 2023.12.16 11.40 I attest to the accuracy and authenticity of this order/judgement

CR No.7420 of 2023 -22023:PHHC:159807 2.

However, at this stage, learned counsel for the petitioner restricts his prayer to the issuance of direction to the Appellate Court alone to decide the afore-referred appeal, within some specific time-frame. 3.

I have heard learned counsel for the petitioner in this revision petition, at the preliminary stage and have also perused the file. 4.

Keeping in view the above-discussed limited prayer as made by learned counsel for the petitioner as well as the facts that the petitioner happens to be a senior citizen, aged about 77 years and the afore-mentioned Civil Miscellaneous Appeal is pending adjudication for the last more than four (04) years and without commenting or expressing any opinion on the merits thereof, the present revision petition is, hereby, disposed of with a direction to the concerned Appellate Court to decide the same (CMA), in accordance with law, preferably within a period of 02 (two) months from the date of receipt of the certified copy of this order. (MEENAKSHI I. MEHTA) December 13, 2023 JUDGE Yag Dutt Whether speaking/reasoned:

Yes Whether Reportable:

No YAG DUTT 2023.12.16 11.40 I attest to the accuracy and authenticity of this order/judgement