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2023 Supreme(P&H) 1325
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Amrit Pal and others – Appellants
Versus
Tarsem Chand and another - Respondents
CM-18643-CWP of 2023 and CWP-3059 of 2022 (O&M)
Decided On : 06-12-2023
Advocate Appeared:
For the Petitioner: Ms. Supriya Garg, Adv.
For the Respondent: Mr. Sherry K. Singla, Mr. Kunal Muthreja, AAG, Punjab.
The court's decision emphasized the option for the petitioners to withdraw the writ petition and file an appeal before the Appellate Authority within a specified timeframe.
Headnote:
Preponement - Civil Writ Petition - The court allowed the application for preponement of the date of hearing in the main case from 11.03.2024 to the current date for final disposal.
Fact of the Case:
The application was filed for preponement of the date of hearing in the main case, which was listed for 11.03.2024, to an earlier date.
Finding of the Court:
The court allowed the application for preponement and took the main case on board for final disposal on the current date.
Issues: Preliminary objections were raised regarding the appeal process against the impugned order, and the petitioners sought permission to withdraw the writ petition with liberty to file an appeal before the Appellate Authority.
Ratio Decidendi: The court dismissed the Civil Writ Petition as withdrawn with liberty to file the appeal before the Appellate Authority within thirty days from the date of receipt of the order, ensuring that the appeal would not be dismissed solely on the ground of limitation.
Final Decision: The Civil Writ Petition was dismissed as withdrawn with liberty to file the appeal before the Appellate Authority within thirty days from the date of receipt of the order.
JUDGMENT :
Vikas Bahl, J.
CM-18643-CWP-2023
1. This is an application filed under Section 151 of CPC for preponement of the date of hearing in the main case which is now stated to be listed for 11.03.2024 to an early date.
2. For the reasons stated in the application, the same is allowed and the date of hearing in the main case is preponed from 11.03.2024 to today and the same is taken on Board today itself for final disposal.
Main case
1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the order dated 22.12.2021 (Annexure P-5) whereby respondent No.2 has allowed the application filed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
2. Learned State Counsel as well as learned counsel for respondent No.1 have raised preliminary objections that against the impugned order, in view of judgment passed by the Hon’ble Division Bench of this Court in Paramjit Kumar Saroya Vs. Union of India and another, reported as 2016 (3) RCR (Civil) 146, an appeal would lie before the Appellate Authority.
3. Learned counsel for the petitioners has submitted that in view of the same, she seeks permission of this Court to withdraw the present writ petition with liberty to file the said appeal before the Appellate Authority. It is further submitted that since, the petitioners were pursuing the present writ petition thus, in case the petitioners file the said appeal within a period of thirty days from the date of receipt of certified copy of the present order then the same be not dismissed solely on the ground of limitation.
4. In view of the above, the present Civil Writ Petition is dismissed as withdrawn with liberty aforesaid.
5. It is made clear that in case the petitioners file the said appeal within a period of thirty days from the date of receipt of certified copy of the present order then the same be not dismissed solely on the ground of limitation.
6. All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order.
Order accordingly.
