IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No.3123 of 2018
Date of decision: 06.07.2018
Ravi Kumar ….. Petitioner
Versus
Ritu Kamal ….. Respondent
BEFORE: HON’BLE MR. JUSTICE B.S. WALIA.
Present: Mr. Karan Garg, Advocate for the petitioner.
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B.S. Walia, J. (Oral)
[1] Prayer is for issuance of direction’s to the learned trial Court to
expeditiously decide the application filed under Sections 7 and 25 of the
Guardian and Wards Act, 1890 as well as under Section 13 of the Hindu
Minority and Guardianship Act, 1956.
[2] Learned counsel contends that the applications were filed on
20.11.2017 and despite number of dates, the same have not been decided till
date without any plausible justification in respect thereto.
[3] A perusal of the zimni orders reveals that the case had been
adjourned on joint request of counsel for the parties, but learned counsel
contends that the petitioner never made any request for adjournment and in
fact the same would be counter-productive to the claim put forth by the
petitioner in the application.
[4] I have considered the submissions of learned counsel and am of
the view that the orders passed by the learned Additional Civil Judge (Senior
Division), Phagwara reflect the correct version of the court proceedings. In
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CR No.3123 of 2018 [2]
case of stand that the position was otherwise, the only remedy available to
the petitioner was to get the orders modified by moving an appropriate
application.
[5] In the circumstances, I find no merit in the instant petition.
Needless to mention, it would be open to the petitioner to argue the case
before the learned Trial Court on the next date of hearing and this Court is
sanguine that in the eventuality of arguments being addressed by the
petitioner on the next date the learned trial Court would make every effort to
decide the applications as expeditiously as possible in accordance with law.
[6] Revision petition is dismissed in the light of the above.
(B.S. Walia)
Judge
06.07.2018
amit
1. Whether speaking/reasoned : Yes/No.
2. Whether reportable : Yes/No
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