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2025 DAILYLAW 70180 (PNJ)

RAHUL YADAV AND ANOTHER v. M/S UPVAN PROPERTY PVT. LTD AND OTHERS

CR/5183/2019 · 2025-03-25

Anil Kshetarpal

body2025

Judgment text

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CR-5183-2019 -1- 121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5183-2019 Date of decision : 25.03.2025 Rahul Yadav and another ...Petitioners Vs. M/s Upvan Property Pvt. Ltd. and others ...Respondents CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Savita Rana, Advocate for the petitioners. Mr. Prateek Gupta, Advocate Mr. Roshneel Singh Brar, Advocate for respondent No.1. *** ANIL KSHETARPAL , J. (Oral) 1. The plaintiffs have been directed to pay ad valorem Court fee on the plaint. In fact, their mother being natural guardian executed the sale deed on their behalf. The plaintiffs assail its correctness. The trial Court has ordered the plaintiffs to pay ad valorem Court fee on the market value of the property. 2. The petitioner's counsel does not dispute its correctness, however, she submits that the Court fee is payable as per amendment in Section 7(v) by Haryana Government vide Haryana Act No. 11 of 1974 as amended by Act No. 22 of 1974 enforced w.e.f 31.01.1974. 3. However, learned counsel representing the petitioners admitted that this aspect has not been considered by the trial Court. Hence, she prays for permission to withdraw the revision petition in order to file an application before the trial Court in this regard. NEERAJ 2025.03.28 11:21 I attest to the accuracy and integrity of this document CR-5183-2019 -2- 4. Learned counsel representing the respondent has no objection. 5. Accordingly, the revision petition is disposed of. (ANIL KSHETARPAL) 25.03.2025 JUDGE neeraj Whether speaking/reasoned : Yes No Whether Reportable : Yes No NEERAJ 2025.03.28 11:21 I attest to the accuracy and integrity of this document