Narayan vs Achal Kumar Jain - 2025 Supreme(P&H) 506

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2025 Supreme(P&H) 506

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Narayan – Appellant
Versus
Achal Kumar Jain – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Jain, Senior Advocate with Mr. Parit Aggarwal, Advocate
For the Respondent:Mr. Akshay Jindal, Advocate Mr. Bhavya Vats, Advocate Mr. Surya Partap Singh, Advocate Mr. Yashvardhan Goyal, Advocate Mr. Vrishank Suri, Advocate

JUDGMENT :

Nidhi Gupta, J.

Present petition under Article 227 of the Constitution of India has been filed by the plaintiffs seeking setting aside of impugned order dated 28.05.2024 (Annexure P5) passed by learned Civil Judge, Junior Division, Gurugram whereby the application filed by the petitioner under Order 39 Rule 1 & 2 CPC has been dismissed; and the order dated 21.11.2024 (Annexure P6) passed by learned Additional District Judge, Gurugram whereby, the appeal filed by the petitioners/plaintiffs against order dated 28.5.2024, has been dismissed.

2. Brief facts of the case are that the plaintiffs filed the present suit for declaration (Annexure P1) with consequential relief of permanent injunction, claiming to be co-owners in possession of suit land described as bearing Rect. No.15 Killa no. 15/2/1(3-17) measuring 3 kanal 17 marla to the extent of 30/693 share measuring 3 marla 3 sarsai situated in revenue estate of Kaderpur, Tehsil Wazirabad, District Gurugram. Along with the said suit, the petitioners had filed an application under Order 39 Rules 1 and 2 read with Section 151 CPC (Annexure P2) which has been dismissed vide the impugned orders. Hence, present revision petition.

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