Dismissed¶33

Jatinder Kumar v. Om Parkash @ Bhola & Ors.

Punjab & Haryana HC2 Apr 2026CR/4158/2016

Case brief

AI extract

What is this about?

Punjab & Haryana High Court; civil revision CR-4158-2016 (O&M); dismissed as withdrawn with liberty to restore; order dated 30.05.2016 on court fee in preliminary decree; ex parte proceedings; preliminary decree passed; final decree judgment 17.12.2025; execution satisfied and possession taken by respondents; linked pending revision CR-5347-2023 for setting aside ex parte proceedings; Legal Aid Counsel Prateek Mahajan; respondent counsel J.K. Singla; Justice Archana Puri; decision 02.04.2026.

What did the court decide?

Revision petition CR-4158-2016 (O&M) dismissed as withdrawn, with liberty to restore it if a favourable order is passed by the Coordinate Bench in CR-5347-2023 setting aside the ex parte proceedings qua the petitioner; pending applications stand disposed of. ¶33

Jatinder Kumar Vs Om Parkash @ Bhola & Ors. — Punjab & Haryana HC (2026) — LawSathi Research

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CR-4158-2016 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.137

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CR-4158-2016 (O&M)

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Date of Decision: 02.04.2026

JATINDER KUMAR

....Petitioner

Versus

OM PARKASH @ BHOLA & ORS

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Prateek Mahajan, Legal Aid Counsel for the petitioner.

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Mr. J.K.Singla, Advocate for the respondents.

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ARCHANA PURI, J. (Oral)

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Mr. Prateek Mahajan, Advocate, has made appearance today and supplied the copy of letter dated 09.02.2026, whereby he has been appointed as Legal Aid Counsel.

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Counsel for the petitioner has brought to the notice of the court that he was appointed as Legal Aid Counsel, in view of the observations made in the order dated 20.01.2023, whereby also, it was brought to the

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SONU 2026.04.02 15:50 I attest to the accuracy and authenticity of this document

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CR-4158-2016 (O&M)

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notice of the court by the counsel for the respondents that the civil suit, has already been decided by the court.

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Perusal of the revision petition reveals that the order under challenge in the present case is dated 30.05.2016, passed by learned Trial Court, in the petition for preliminary decree, vis-a-vis, the payment of court fee. However, the petitioner, who was defendant No.1, before the court below, had not made appearance and in this context, the Legal Aid Counsel, was appointed.

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Now, counsel for the respondent has brought to the notice of the court that during the conducting of proceedings of the preliminary decree, the defendant No.1 i.e. the petitioner-Jatinder Kumar, was proceeded against ex parte and the preliminary decree was passed. Thereafter, an application was filed for passing of the final decree, and the same was also decided by learned Trial Court, vide judgment dated 17.12.2025. Thereafter, even the execution petition was filed and partition had taken place and the possession of the land, as such, had been taken by the respondents, before learned Executing Court and the execution has been satisfied.

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However, learned Legal Aid Counsel submits that the petitioner, Jatinder Kumar, had filed the revision petition i.e. CR-5347-2023, which is pending before this court, which relates to the setting aside of the ex parte proceedings, conducted against him by learned Trial Court, at the initial stage of the petition, filed for passing of the preliminary decree.

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In view of the proceedings having culminated before learned Trial Court, at this stage, legal aid counsel for the petitioner submits that he does not want to pursue with the present revision petition and the same be

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SONU 2026.04.02 15:50 I attest to the accuracy and authenticity of this document

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CR-4158-2016 (O&M)

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dismissed as withdrawn, with liberty to restore the same, in the eventuality of any order favouring him, being passed by Coordinate Bench, in CR-5347-

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2023, and the ex parte proceedings qua him, are set aside.

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Ordered accordingly.

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Pending applications also stand disposed of.

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(ARCHANA PURI) 02.04.2026 JUDGE Sonu Saini

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Whether speaking/reasoned : Yes Whether reportable : Yes/No

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SONU 2026.04.02 15:50 I attest to the accuracy and authenticity of this document