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Santosh Kumari Vs Sardar Singh — Punjab & Haryana HC (2025) — LawSathi Research

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Punjab & Haryana HC
2025
Santosh Kumari Vs Sardar SinghSantosh Kumari v. Sardar Singh

Dismissed¶13

Santosh Kumari v. Sardar Singh

Punjab & Haryana HC6 May 2025RSA/4306/2019

Case brief

AI extract

What is this about?

RSA-4306-2019 (O&M) | Santosh Kumari v. Sardar Singh | Punjab and Haryana High Court | regular second appeal dismissed as withdrawn | CM-12068-C-2019 condonation of delay of 60 days in refiling allowed | other civil suit decree dated 31.08.2022 for possession and permanent injunction | Justice Alka Sarin | decision 06.05.2025

What did the court decide?

Condonation of 60 days' delay in refiling the main appeal; permission to withdraw the regular second appeal granted. ¶13

Why is it important?

Application CM-12068-C-2019 is allowed and the delay of 60 days in refiling the main appeal is condoned. ¶10

What the court decided

AI extract

Outcome

Condonation of 60 days' delay in refiling the main appeal; permission to withdraw the regular second appeal granted.

Issue for consideration

Whether the delay of 60 days in refiling the main appeal (regular second appeal RSA-4306-2019) should be condoned. +1 more

Court's answer

Application CM-12068-C-2019 is allowed and the delay of 60 days in refiling the main appeal is condoned.

Ratio / Principle

On the request of learned counsel for the appellant, the regular second appeal is dismissed as withdrawn, and pending applications, if any, also stand disposed of.

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh (Alka Sarin, Judge), order dated 06.05.2025 in RSA-4306-2019 (O&M), Santosh Kumari v. Sardar Singh: (i) application CM-12068-C-2019 for condonation of 60 days' delay in refiling the main appeal was allowed; (ii) as another civil suit between the same parties, filed by the appellant for possession and permanent injunction, had been decreed in her favour vide judgment and decree dated 31.08.2022, learned counsel sought leave to withdraw the regular second appeal; the appeal was accordingly dismissed as withdrawn and pending applications, if any, stood disposed of.

A

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

114 RSA-4306-2019 (O&M) Date of Decision : 06.05.2025

SANTOSH KUMARI .... Appellant

VERSUS

SARDAR SINGH .... Respondent

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

Present : Mr. Sunil Agnihotri, Advocate for the appellant. ALKA SARIN, J. (ORAL)

CM-12068-C-2019

This is an application for condonation of delay of 60 days in refiling the main appeal.

For the reasons stated in the application, the same is allowed and the delay of 60 days in refiling the main appeal is condoned.

RSA-4306-2019

Learned counsel for the appellant states that there was another civil suit between the same parties, which was filed by the appellant herein, for possession and permanent injunction which was decreed in his favour vide judgment and decree dated 31.08.2022. Learned counsel, thus, seeks permission to withdraw the present regular second appeal.

Dismissed as withdrawn. Pending applications, if any, also stand disposed off.

06.05.2025 (ALKA SARIN) Aman Jain JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: Yes/No

AMAN JAIN 2025.05.07 09:42 I attest to the accuracy and integrity of this order/judgment

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the delay of 60 days in refiling the main appeal (regular second appeal RSA-4306-2019) should be condoned.¶9
The court held
Application CM-12068-C-2019 is allowed and the delay of 60 days in refiling the main appeal is condoned.ratio¶10
2.
Whether the appellant may be permitted to withdraw the regular second appeal in view of the decree dated 31.08.2022 in the other civil suit between the same parties.¶12
The court held
On the request of learned counsel for the appellant, the regular second appeal is dismissed as withdrawn, and pending applications, if any, also stand disposed of.ratio¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
Application CM-12068-C-2019 sought condonation of delay of 60 days in refiling the main appeal; it was allowed by this order.¶9
Prior proceeding
In another civil suit between the same parties, filed by the appellant for possession and permanent injunction, judgment and decree dated 31.08.2022 had been passed in favour of the appellant.¶12

Parties & counsel

AI extract

appellant
Santosh Kumari¶3
Sunil Agnihotri
respondent
Sardar Singh¶5

Coram

AI extract

Alka Sarinauthor¶6

Case details

As recorded by the court registry

Court: Punjab & Haryana HC
Decided on: 6 May 2025 · May
Registered: 17 Sept 2019
Case no.: RSA/4306/2019
CNR: PHHC010356202019
Bench: Alka Sarin
Disposal: DISMISSED
Case type: RSA

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Cite this judgement

Santosh Kumari v. Sardar Singh, RSA/4306/2019 (P&H), decided on 6 May 2025.

The High Court of Punjab and Haryana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

Application CM-12068-C-2019 sought condonation of delay of 60 days in refiling the main appeal; it was allowed by this order.
In another civil suit between the same parties, filed by the appellant for possession and permanent injunction, judgment and decree dated 31.08.2022 had been passed in favour of the appellant.

View full history

Bench / Coram

Alka Sarin

Parties & counsel