IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 242 CR-6038-2023 (O&M) Date of Decision: 28.03.2025 VIPIN KUMAR …..Pe--oner Vs. PARVEEN JAIN AND ANR …..Respondents 2. CR-5503-2024 (O&M) VIPIN KUMAR JAIN …..Pe--oner Vs. PARVEEN JAIN AND ANR …..Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Rohit Aggarwal, Advocate for the peoner. Mr. Sandeep K. Sharma, Advocate and Ms. Saroj Kumari, Advocate for the respondents. ****** DEEPAK GUPTA, J. (ORAL) CR-6038-2023 Mr. Rohit Aggarwal, Advocate has appeared and filed his power of a"orney on behalf of the peoner, which is taken on record. Statement is made by learned counsel for the peoner (defendant before the trial Court) to the effect that he wishes to withdraw CR-6038-2023. However, prayer is made in CR-5503-2024 to provide one opportunity to the peoner-defendent to cross examine the witnesses who were earlier examined by the plainff as the opportuniy to cross examine them by peoner-defendant has been treated by the trial Court as NIL. In view of the aforesaid statement, the present civil revision is hereby disposed of having been withdrawn. PRIYANKA 2025.04.01 09:55 I attest to the accuracy and integrity of this document CR-6038-2023 (O&M) -2- CR-5503-2024 (O&M) CR-5503-2024 Challenge was given to the order dated 12.08.2024 (Annexure P-1), whereby the trial Court treated the cross examinaon of two Pws namely Parveen Jain and Parduman Kumar as NIL as counsel for the defendant did not cross examine them on the ground that he (defendant) had preferred a revision before this Court in the connected ma"er. Today, it has been informed that now the case is fixed before the trial Court for defendant’s evidence and that no evidence on behalf of the defendants have been produced so far. Without going into merits of the case and considering the fact that dispute is between three real brothers regarding Will of their mother, the aforesaid request as made by counsel for the peoner is accepted. Se=ng aside the order dated 12.08.2021 (Annexure P-1), trial Court is directed to permit one opportunity to the peoner-defendant to cross examinaon both the witnesses of the plainffs namely Parveen Jain and Parduman Kumar. The trial Court shall fix a specific date for that purpose. Learned counsel for respondents-plainffs has undertaken that on the date to be fixed by the trial Court, both these witnesses shall be produced subject to their health permi=ng to do so. The abovesaid order is however, subject to cost of `25,000/- which is to be paid by the peoner to both the respondents equally, by way of demand dra?. The said cost is to be paid prior to the date which is to be fixed by the trial Court for cross examinaon of the witnesses. Disposed of. A photocopy of this order be placed on the file of connected case. ( DEEPAK GUPTA ) 28.03.2025 JUDGE pry Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PRIYANKA 2025.04.01 09:55 I attest to the accuracy and integrity of this document