IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

XOBJS-3-C-2014 (O&M)

Satish Kumar Saini ...Appellant(s)

Vs.

Laxmi Devi and others ...Respondent(s)

The date when the judgment is reserved: 10.12.2025 The date when the judgment is pronounced: 17.12.2025 The date when the judgment is uploaded on the 17.12.2025

website:

Whether only operative part of the judgment is Full

pronounced or whether the full judgment is judgment

pronounced:

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Akshay Bhan, Senior Advocate with

Mr. Santosh Sharma and Mr. Varun Sandhu,

Advocate for the appellant.

Mr. D.V. Sharma, Senior Advocate with

Mr. Tushar Sharma, Advocate for the respondents.

NIDHI GUPTA, J.

CM-12808-C-2016

Prayer in the present application filed by the respondents

under Section 151 of the Code of Civil Procedure, 1908 is for treating

Cross Objection No.3/C of 2014 as Regular Second Appeal.

2. Ld. Senior Counsel for the applicants/ respondents/defendants refers to a judgment of Bombay High Court in

Damodhar Namdeo Sase v. Namdeo Baburao Sase, (Bombay) : Law Finder Doc Id # 195618; wherein it is held as under:-

“A. Civil Procedure Code, 1908, Order 41, Rule 33 - Appellant Court - Power under Rule 33 is disc