127 IN THE HIGH OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: September 22, 2025 Resham . . . . Pe++oner Vs.

Med Singh and others . . . . Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Himanshu Sharma, Advocate for the petitioner.

DEEPAK GUPTA, J.

By way of this revision petition filed under Article 227 of the Constitution of India, petitioner has assailed the order dated 09.07.2025 passed by learned District Judge, Rewari, whereby application bearing No. CM-188 of 2023 for se0ng aside an order dated 24.08.2022 (Annexure P-5)

and for restoration of the appeal, has been dismissed.

2. A perusal of the paper book would reveal that Civil Suit No.513 of 2017 filed by the plaintiffs – Med Singh and others (respondent Nos.1 to 3 herein) for seeking declaration in respect of lease deeds Nos. 164 dated 29.07.1982 and 660 dated 10.08.2009 as null and void, besides seeking decree for joint possession and recovery of lease amount of 03 years and mesne profit, was decreed by the trial Court on 17.01.2020 (Annexure P-1) against defendant No.1 – Smt. Resham (pe(cid:24)(cid:24)oner herein) and other defendants (proforma respondents herein). Petitioner – defendant No.1 filed appeal (Annexure P-2) before learned District Judge, Rewari through Sh. Man Singh Gupta and Sh. Mukesh Gupta, Advocates.

3. On 24.08.2022, Sh. Mukesh Gupta, Advocate, representing the petitioner (appellant before the Appellate Court) made the following statement (Annexure P-4):-

“Stated that as per the instructions of the applicant, I do not want to proceed further with the present appeal and want to withdraw the same. I may kindly be allowed to withdraw as such.”

4. Based upon the aforesaid statement, the appeal was dismissed as withdraw on 24.08.2022 itself vide Annexure P-5.

5. Since the said appeal was dismissed as withdrawn vide order Annexure P-5 in Daily Lok Adalat, in view of the statement (Annexure P-4) made by the counsel, the petitioner approached this Court by filing CWP No.6496 of 2023, assailing the order dated 24.08.2022, which was disposed of by this Court on 26.04.2023 vide Annexure P-6 by passing the following order:-

“The present petition has been filed for raising challenge to the order dated 24.08.2022 (Annexure P-8) passed by the learned District Judge-cum-Presiding Officer, Daily Lok Adalat, Rewari in Civil Appeal No.32 of 2020 vide which the appeal filed by the petitioner against the contesting respondents was dismissed as withdrawn on the statement of the counsel for the petitioner-appellant.

The abovesaid statement made by the counsel for the petitioner in appeal has been appended by the petitioner as Annexure P-9 alongwith the present petition. It is evident from the perusal of the said statement that the same has been made before regular Court of District Judge and not before the Daily Lok Adalat. Apparently, it was on the statement made by the counsel for the petitioner-appellant before the District Judge that the maDer was thereaEer taken up in the Daily Lok Adalat on the same day and the appeal was permiDed to be withdrawn in view of the statement.

Learned counsel has raised a challenge only to the final order dated 24.08.2022 which was passed in the Daily Lok Adalat without raising a challenge to the statement made by the counsel for the appellant- petitioner before the regular Court of District Judge. In the absence of challenge and/or withdrawal of the aforesaid statement made by the counsel before the regular Court, the Award alone, which is based upon such statement, cannot be challenged in the writ petition since the order is consequential.

Further, on a pointed query raised to the counsel for the petitioner as to whether any proceedings had been initiated against the counsel for allegedly having made a statement for withdrawing the appeal without any authorization, he contends that no such action has been taken by the petitioner. It was further posed to the petitioner as to whether a statement for seeking withdrawal of th