PUSHPA DEVI Vs. RAJEEV KHARBANDA

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India against impugned order dated 5-11-2009, Annexure P6, passed by learned Civil Judge, Junior Division, Chandigarh, vide which learned Court accepted application dated 4-6-2009 filed by the respondent-plaintiff for withdrawal of application for withdrawal of Civil Suit No. 234 dated 20-5-2004, titled as Rajeev Kharbanda v. Smt. Pushpa Devi, after the same was acted upon by the Court granting the permission to withdraw the suit and that too on an application moved after lapse of more than three years and two months, when the order for withdrawal of the suit was passed.parties on 20-6-1994 and by the said family settlement, Smt. Prem Devi, who is mother of deceased Arjan Dev Kharbanda, became owner of Vith share in the house, whereas the present petitioner became owner of 3/4th share in the house, as respondent and other son of present petitioner relinquished their shares in favour of petitioner in the said family settlement. On the basis of the said family settlement, Estate Officer, U. T. Chandigarh, also transferred the ownership of the said house vide his memo dated 18-7-1994 and the family settlement was acted upon by all the parties. Smt. Prem Devi, executed a sale deed dated 28-10-1997, in respect of her V4th share in the aforesaid house in favour of the present petitioner and hence, the present petitioner became the sole owner of the entire house. The Estate Officer also recorded 25% share of Smt. Prem Devi in favour of petitioner vide memo dated 31-12-1997.

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