C.M. No.236-CII of 2011 in C.R. No.378 of 2010
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.M. No.236-CII of 2011 in
C.R. No.378 of 2010
Date of Decision : 06.07.2011
Shilpi & others
.... Petitioners
Versus
Gopal Krishan Sood & others
.... Respondents
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL.
Present: Mr. Amit Jain, Advocate for the applicant-petitioners.
Mr. S. S. Behl, Advocate for respondent No.1.
****
L.N.MITTAL, J. (ORAL)
This is application by petitioners for recall of order dated
19.03.2010 whereby Civil Revision filed by applicant-petitioners was
dismissed as withdrawn.
In order dated 17.01.2011 while issuing notice of motion, it was
observed that prima facie no ground for recall of order dated 19.03.2010
was made out, yet since the dispute is among descendants of common
ancestor, notice of the application be issued to explore possibility of
amicable settlement between the parties. However counsel for respondent
No.1 stated on 07.03.2011 that there was no chance of amicable settlement.
I have heard learned counsel for the parties and perused the
case file.
It is alleged in the application that applicant-petitioners
withdrew the revision petition as respondent No.1 made it a pre-condition
for effecting final amicable settlement. However the revision petition was
C.M. No.236-CII of 2011 in C.R. No.378 of 2010
-2-
withdrawn stating that the parties had arrived at compromise. In fact no
compromise had been arrived at by that time. On the contrary, as per
averments in the instant application, suit file was put up before Lok Adalat,
Malerkotla on 22.05.2010 but compromise could not be arrived at between
the parties. However, inspite thereof, the instant application was filed on
05.01.2011 i.e. more than seven months after negotiation for compromise
had failed in the Lok Adalat.
Keeping in view all the circumstances, I find no ground for
recall of order dated 19.03.2010 whereby the revision petition has been
dismissed as withdrawn. Instant application is misconceived and meritless
and is accordingly dismissed.
( L. N. MITTAL )
JUDGE
06.07.2011
‘raj’
C.M. No.236-CII of 2011 in C.R. No.378 of 2010
-3-