Petitioner sought permission to withdraw a civil revision petition with liberty to pursue remedy in executing court regarding shares of a third party not involved in the impugned order.
Revision petition dismissed as withdrawn with liberty to pursue remedy in executing court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 6517 of 2009 (O&M) Date of decision : January 09, 2012
Rakesh Kumar
....Petitioner
versus
Smt. Sushma Sharma and others
....Respondents
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Anand Chhibbar, Advocate, for the petitioner
Mr. RK Bansal, Advocate for Mr. Rajinder Goyal, Advocate, for respondent Nos. 1 to 4
Mr. Chetan Mittal, Senior Advocate with Mr. Kunal Mulwani, Advocate for applicants (LRs of defendant no. 7-Versha Sangar)
L.N. Mittal, J. (Oral)
Counsel for the petitioner seeks permission to withdraw the instant petition in view of subsequent developments with liberty to pursue his remedy in the executing court, in accordance with law.
Counsel for the applicants (LRs of defendant no. 7 – Versha Sangar) contended that impugned order should have no bearing against the rights of the said applicants because they are not party to the impugned order. There is considerable merit in the contention. Obviously, impugned order shall have no bearing on the rights of the aforesaid applicants who are not party to the impugned order. Counsel for the petitioner contended that
Civil Revision No. 6517 of 2009 (O&M)
-2-
petitioner also claims the share of Versha Sangar. However, this question has not been determined by the executing court in the impugned order. Consequently, the parties shall be at liberty to pursue their remedy in accordance with law.
Subject to aforesaid, the instant revision petition is dismissed as withdrawn with liberty as prayed for.
( L.N. Mittal ) January 09, 2012 Judge 'dalbir'
Rakesh Kumar
Smt. Sushma Sharma and others
L.N. Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
