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2022 DAILYLAW 3058 (PNJ)

A.A. WAHEED (NOW DECEASED ) THROUGH LRS v. HEENA RANI @ POONAM AND ORS

CR/611/2022 · 2026-08-07

Deepak Gupta

body2022

Judgment text

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111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-611-2022 (O&M) Date of Decision: August 07, 2026 Sh. A.A. Waheed (deceased) through LR Hussain Waheed …Pe22oner Versus Ms. Heena Rani @ Poonam and others …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Namit Gautam, Advocate for the appellant. Mr. S.K. Garg Narwana, Sr. Advocate with Mr. Shubham Goyal, Advocate for respondent Nos.2 & 3. DEEPAK GUPTA , J.(Oral) CM-75495-CII-2026 is moved under Sec#on 151 CPC to place on record the Apos#lle/Embossed Special Power of A*orney dated 21.12.2021 of Sh. Hussain Waheed, LR of pe##oner as Annexure A-2, besides affidavits Annexures A-3 to A-5. 2. No#ce of the applica#on. 3. Mr. Shubham Goyal, Assis#ng counsel of Mr. S.K. Garg Narwana, Senior counsel, accepts no#ce on behalf of non-applicants/respondent Nos.2 and 3. 4. It is rightly pointed out by learned senior counsel for respondent Nos.2 and 3 that Annexure A-2 is not the Apos#lle/Embossed special power of a*orney and rather it is purported to be only a notarized copy. Thus, apparently SPA (Annexure A-2), which Sh. Aafaque Hussain, the alleged SPA of the pe##oner wants to place on record, in not in compliance of the order dated 09.10.2025. 5. Faced with the aforesaid situa#on, learned counsel for the pe##oner seeks permission to withdraw the present revision pe##on with liberty to file fresh pe##on. SARITA RANI 2026.08.07 17:00 I attest to the accuracy of this document/order CR-611-2022 (O&M) - 2 - 2026:PHHC:108177 6. However, the aforesaid request is seriously opposed by learned senior counsel for respondent Nos.2 and 3 by poin#ng out that since Sh. Aafaque Hussain has failed to show that he is the genuine SPA holder of Sh. Hussain Waheed, son of deceased-pe##oner - Sh. A.A. Waheed, therefore, he cannot make a request for withdrawing the pe##on with liberty to file fresh one. 7. The aforesaid conten#on has merit. Sh. Aafaque Hussain, not being SPA holder of LR of deceased-pe##oner, cannot be granted liberty as sought by him. 8. In view of the aforesaid facts and circumstances, present revision pe##on is hereby dismissed as withdrawn without any liberty to Sh. Aafaque Hussain as he has failed to show that he is the SPA holder of the pe##oner’s LR. August 07, 2026 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No SARITA RANI 2026.08.07 17:00 I attest to the accuracy of this document/order