SHREE GURU GRANTH SAHIB LOHGARH TRUST BHAGWANPUR v. HARBANS KAUR AND ORS
CR/1761/2025 · 2025-03-24
Vikas Bahl
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34522 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34522 (PNJ) · dailylaw.ai ]
Judgment text
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CR-1761-2025
1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CR-1761-2025
Date of decision : 24.03.2025 Shree Guru Granth Sahib Lohgarh Trust, Bhagwanpur ... Petitioner Versus Harbans Kaur and others ... Respondents
CORAM:
HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Vivek Goyal, Advocate for the petitioner.
VIKAS BAHL, J.(ORAL)
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 05.12.2024 (Annexure P-1) passed by the Civil Judge (Jr.Div.), Pehowa, District Kurukshetra vide which the evidence of the petitioner has been closed by
order.
2.
Learned counsel for the petitioner has submitted that the petitioner is a trust and the evidence of the plaintiff was closed on 10.10.2024 and the first date for the evidence of the petitioner was 07.11.2024 and on 05.12.2024 the evidence of the petitioner was closed. It is submitted that thereafter the matter has been adjourned and no rebuttal evidence has been led by the plaintiffs. It is further submitted that in case one effective opportunity is not granted to the petitioner, then, irreparable loss would be suffered by the petitioner and for the inconvenience caused to the plaintiffs, the petitioner is ready to compensate the respondents no.1 and Davinder Kumar 2025.03.24 17:33 I attest the accuracy and authenticity of this order /
judgment
CR-1761-2025
2
2. It is submitted that the case is now fixed for 25.03.2025.
3. Keeping in view the above said facts and circumstances, this Court is of the opinion that one last effective opportunity should be granted to the petitioner and accordingly, the present petition is partly allowed and the impugned order dated 05.12.2024 to the extent that the evidence of the petitioner has been closed by order, is set aside and one last effective opportunity is granted to the petitioner to produce his entire evidence before the trial Court and the same would be subject to the petitioner depositing the costs of Rs.25,000/- which would be released to the respondents no.1 and 2 (plaintiffs) in equal proportion i.e., Rs.12,500/- each.
4. It is made clear that in case the abovesaid costs is not deposited, then the present petition shall be deemed to have been dismissed.
5. In the present case, no notice is being issued to the respondents as issuance of notice to them would further delay the proceedings and would also entail expenses for the respondent to defend the present revision petition. However, it would be open to the respondents to move an application for recalling the present order in case any of the statement made before this Court is found to be false/incorrect.
(VIKAS BAHL) JUDGE March 24, 2025. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No Davinder Kumar 2025.03.24 17:33 I attest the accuracy and authenticity of this order /
judgment