Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 5454-55 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 994-995 OF 2015]
M/S BABU RAM ASHOK KUMAR Appellant(s)
VERSUS
MUSHTAQ ALI AND ORS Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The apepllant apparantly is aggrieved since the
application for restoration of the review of the
Judgment dated 28.11.2013 in RSA No. 287 of 1986 on
the file of Punjab and Haryana High Court was
dismissed.
3. There is no dispute that the review application
had been filed on time. It appears from the order
JUDGMENT
dismissing the application for restoration that the
applicant had not been prosecuting the case
diligently.
4. Having gone through the application and having
heard the learned counsel for the parties, we are of
the view that the review application deserves to be
considered on merits.
5. In that view of the matter, we refrain from
making any further observation on the merits of the
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case. Therefore, we set aside the order dated
04.09.2014 in CM No. 9394-C of 2014 in RA No. 15-C of
2014 in RSA No. 287 of 1986 and restore the review
application to its original file. The matter is
remitted to the High Court for consideration of the
review application on merits.
6. We direct the parties to appear before the High
Court on 01.08.2016. In case the review petitioner
does not appear before the High Court on that date,
the review application shall stand dismissed.
7. Needless to say that it will be open to the
parties to raise all available contentions before the
High Court. The status quo order passed by this
Court on 06.01.2015 regarding possession shall
continue till the matter is disposed of by the High
Court.
8. With the above observations and directions, the
JUDGMENT
appeals are disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
JUNE 29, 2016.
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