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2025 DAILYLAW 11894 (PNJ)

SHAMSHER SINGH v. AMANDEEP KAUR AND ANOTHER

CR/570/2025 · 2025-02-13

Nidhi Gupta

body2025

Judgment text

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IN TH 129 Shamsher Amandeep CORAM: Present:- NIDHI GU petition un impugned (Annexure petitioner/p for recove The petitio with Jagna had receive the sale de said Jagnan for executi Thereafter, CR-570-2025 IN THE HIGH COURT OF PUNJA AT CHANDIGAR Civil Revision N Date of decision sher Singh Versus ndeep Kaur and another AM:- HON'BLE MS. JUSTICE NI Mr. Sunny K. Singla, Advocat for the petitioner. HI GUPTA J. (Oral) The petitioner/plaintiff has ion under Article 227 of the Constit gned orders dated 02.12.2024 (Anne exure P-3) passed by learned Civil Jud Learned counsel for the ioner/plaintiff and the proforma respon ecovery of Rs.12,00,000/- against r petitioner/plaintiff had entered into a Jagnandan Singh (husband of the pre received an amount of Rs.6,00,000/-. ale deed was to be executed on or be Jagnandan Singh did not come for pu xecution of sale deed in the office eafter, the plaintiff came to know that 1 UNJAB AND HARYANA IGARH ion No.570 of 2025 cision :-13.02.2025 …..Petitioner …..Respondents E NIDHI GUPTA dvocate has filed the present revision onstitution of India against the (Annexure P-5) and 11.01.2023 vil Judge (Jr. Divn.), Patiala. the petitioner submits that respondent herein had filed a suit inst respondent No.1/defendant. into an agreement on 16.7.2024 the present respondent No.1) and . As per the said agreement, or before 16.7.2015. However, for purchase of stamp paper and office of Sub Registrar, Patiala. w that said Jagnandan Singh has VIJAY ASIJA 2025.02.15 18.02 I attest to the accuracy and integrity of this document expired on (responden moreover, respondent respectable clear all th and encum upon recei Court and principal am till its real learned tria 11.1.2023 dismissed i restoration learned Civ (Annexure of the coun application counsel an application 22.3.2023, such, there allow this stands dism CR-570-2025 red on 20.8.2015 leaving her wife, ondent No.1), who has now re-marrie over, the property of Jagnandan Sin ndent No.1-Amandeep Kaur. Therea ctable persons had approached respo all the loans to clear the said propert encumbrances so that the sale deed c receiving no satisfactory reply, the t and filed the suit for recovery of ipal amount and damages alongwith ts realization. The respondent No.1 ed trial Court and filed the written .2023 due to non-appearance of th issed in default. Thereafter, the plaint ration of the suit on 22.3.2023, which ed Civil Judge (Jr. Divn.), Patiala vi exure P-5) with the observation “….I counsel on the day of dismissal has ation and this application is only l and not by the applicants themselv ation has been filed by the counsel 023, which is certainly beyond the here is no such ground made out in this application which is time barre dismissed. File is ordered to be con 2 wife, namely, Amandeep Kaur married with Rajinder Singh and an Singh has been inherited by hereafter, the plaintiff alongwith respondent No.1and request to roperty from all types of charges eed can be executed. However, ly, the plaintiff approached the ery of Rs.12,00,000/- including gwith interest @ 12% per annum .1 also appeared before the ritten statement. However, on of the plaintiffs, the suit was plaintiffs filed an application for which was also dismissed by the iala vide order dated 02.12.2024 ….In fact, the non-appearance l has also not explained in this only shown to signed by the selves. Admittedly, the present sel for the applicants on dated the period of limitation. As ut in favour of the applicants to arred. Hence, this application consigned to record room.” VIJAY ASIJA 2025.02.15 18.02 I attest to the accuracy and integrity of this document petitioner/p orders date P-3) passed aside. of notice o further dela above facts petition is a P-5) and 1 (Jr. Divn.), to restore t Amandeep to payment from today Institute Chandigarh February 1 Vijay Asija Whether spe Whether Rep CR-570-2025 Learned counsel for the pet ioner/plaintiff would suffer irreparab rs dated 02.12.2024 (Annexure P-5) a passed by learned Civil Judge (Jr. D After hearing learned counsel otice of motion is dispensed with at er delay in disposal of the case. Accor e facts as canvassed by learned Coun ion is allowed and impugned orders d and 11.01.2023 (Annexure P-3) pass ivn.), Patiala are set aside. The learn store the Civil Suit No.409 of 2018 tit ndeep Kaur etc.’ alongwith applicatio yment of Rs.50,000/- as costs to be d today in the “Poor Patients’ Welfare tute of Medical Education and digarh”. Disposed of as above. Pending application(s), if any, uary 13, 2025 Asija er speaking/reasoned Yes / No er Reportable Yes / No 3 he petitioner submits that the eparable loss if the impugned 5) and 11.01.2023 (Annexure (Jr. Divn.), Patiala are not set ounsel for the petitioner, issuance ith at this stage, as it will cause Accordingly, keeping in view the d Counsel for the petitioner, this ders dated 02.12.2024 (Annexure ) passed by learned Civil Judge e learned Court below is directed 18 titled as ‘Shamsher Singh vs. lications, if any, however subject o be deposited within two weeks elfare Fund of the Post Graduate and Research (PGIMER), if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.02.15 18.02 I attest to the accuracy and integrity of this document