IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(115)

Date of Decision:-08.01.2026

AMAR PARKASH @ AMAR PRAKASH … Petitioner

Versus

SUNIL KUMAR ... Respondent

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CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL

Present: Mr. Ashish Bakshi, Advocate,

for the petitioner.

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VIRINDER AGGARWAL , J . (Oral)

1. This Civil Revision Petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 16.12.2025, vide which, the application under Order VI Rule 17 of Code of Civil Procedure (CPC) filed

by the respondent/appellant has been allowed.

2. Briefly, respondent/appellant filed a suit for possession by way of specific performance for agreement to sell dated 03.08.2015. Suit was contested by the petitioner by filing written statement. The Court refused to grant specific performance of the agreement but ordered recovery of Rs.2,40,000/- along with interest. Respondent/appellant preferred appeal, during the pendency of the appeal. An application under Order VI Rule 17 of CPC was moved for amendment of plaint seeking specifically the relief of refund of the earnest money. The application was allowed vide impugned order. The order has been

assailed in the present re