Remanded

Shubhro Jyoti Mukerjee v. Aditi Arora Mukerjee

Punjab & Haryana HC18 Mar 2021CR/302/2021

Case brief

AI extract

What is this about?

In a revision petition under Article 227, this Court set aside the Additional Principal Judge Family Court Gurugram order dismissing the petitioner application for permission to file a rejoinder on the next date of hearing and directed the trial court to conclude the matter within six months.

What did the court decide?

Order dated 12.03.2020 set aside; petitioner permitted to file rejoinder on 22.03.2021; Trial Court directed to conclude matter within six months from 22.03.2021.

Shubhro Jyoti Mukerjee Vs Aditi… — Civil Procedure and Limitation | Punjab & Haryana HC (2021)

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213

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-302-2021 (O&M) Date of decision : 18.03.2021

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Shubhro Jyoti Mukerjee

... Petitioner(s)

Versus

Aditi Arora Mukerjee

... Respondent(s)

CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

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Present: Mr. Gaurav Chopra, Advocate for the petitioner.

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Mr. Prashant Mendiratta, Advocate for the respondent.

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ALKA SARIN, J. (ORAL)

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Taken up through video conferencing.

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In compliance of order dated 17.02.2021, the parties have appeared before this Court through video conferencing and this Court has interacted with them and there does not seem to be any chance of reconciliation.

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Challenge in the present revision petition under Article 227 of the Constitution of India is to the impugned order dated 12.03.2020 (Annexure P-8) passed by the Additional Principal Judge, Family Court, Gurugram whereby the application instituted by the petitioner seeking permission to file rejoinder to the written statement has been dismissed.

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Learned counsel for the respondent states that without admitting the contents of the petition, he has no objection if the petitioner is permitted to file the rejoinder. He further states that there was an order

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YOGESH SHARMA 2021.03.19 07:08 I attest to the accuracy and integrity of this document

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CR-302-2021 (O&M)

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passed by this Court on 28.11.2019 in CR No.209 of 2018 whereby the Trial Court was directed to dispose off the petitioner's petition within six months from the date of the receipt of a copy of the order. He would further contend that the matter has been pending since 2019 and the petitioner is yet to lead his evidence.

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In view of the statement made by learned counsel for the respondent, the present petition is disposed off and the order dated 12.03.2020 is set aside. The petitioner is permitted to file his rejoinder on the next date of hearing before the Trial Court i.e. 22.03.2021. It is further directed that the Trial Court shall conclude the matter within a period of six months from the next date of hearing before it i.e. within six months from 22.03.2020.

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It is also made clear that in case the petitioner does not file his rejoinder on the next date of hearing before the Trial Court i.e. 22.03.2021, the present petition shall be deemed to having been dismissed without further reference to this Court.

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Disposed off.

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( ALKA SARIN ) 18.03.2021 JUDGE

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Yogesh Sharma

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NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

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YOGESH SHARMA 2021.03.19 07:08 I attest to the accuracy and integrity of this document

Shubhro Jyoti Mukerjee v. Aditi Arora Mukerjee

Case brief

What is this about?

What did the court decide?

Shubhro Jyoti Mukerjee v. Aditi Arora Mukerjee

Case brief

What is this about?

What did the court decide?

What the court decided

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