A civil revision petition against an order restoring shop possession based on an ex parte eviction. The parties compromised during pendency. The High Court allowed the revision, set aside the impugned order, and dismissed the property recovery application.
Revision allowed; impugned orders set aside; application under Section 144 CPC dismissed.
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Civil Revision No. 4095 of 2005 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 4095 of 2005 (O&M) Date of decision: 05.09.2009
Chander Pal
....Petitioner
Versus
Mam Chand and another
....Respondents
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: - Mr. C.B. Goel Advocate, and Mr. Sushil Jain, Advocate, for the Petitioner.
Mr. J.K. Goel, Advocate, for the respondents.
VINOD K. SHARMA, J (ORAL)
This revision petition is directed against the order dated 14.6.2005, passed under Section 144 of the Code of Civil Procedure, ordering restoration of the possession of the shop taken by the petitioner under ex parte eviction order.
The order was passed as the ex parte decree was set aside, and subsequently, the petition for eviction was also dismissed.
The plea of the petitioner was, that the shop had fallen down in rain, therefore, its possession could not be restored. Whereas, the stand of the respondents was, that it was the petitioner, who demolished the shop and, therefore, he is entitled to restoration of the possession, after
Civil Revision No. 4095 of 2005 (O&M)
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construction.
During the pendency of this revision petition, the parties have compromised the matter. The copy of the compromise, duly signed, is placed on record as Ex. 'A'. In terms of the compromise, a sum of Rs.1,00,000/- (Rupees one lac only) has been handed over to the respondents, receipt of which is acknowledged.
In view of the compromise entered into between the parties, this revision is allowed, impugned orders are set aside and the application moved by the respondent-tenants under Section 144 of the Code of Civil Procedure is ordered to be dismissed, but with no order as to costs.
Revision allowed.
(Vinod K. Sharma) Judge
September 05, 2009 R.S.
1 provisions across 1 enactments
Chander Pal
Mam Chand
Vinod K. Sharma
As recorded by the court registry
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