Civil Revision No. 7852 of 2009 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7852 of 2009 Date of decision : 19.2.2010 Radhey Sham ....Petitioner Versus Usha Rani ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Arun Jain, Senior Advocate with Mr. Chetan Salathai, Advocate for the petitioner Mr. Girish Agnihotri, Senior Advocate with Mr. Arvind Seth, Advocate for the Caveator-respondent. S. D. ANAND, J. Learned Senior Counsel appearing on behalf of the petitioner argues that the verdict of the Appellate Authority deserves invalidation on account of the fact that the applications Annexure P/1 and P/3 filed by the petitioner (before the Appellate Authority) remained undisposed of. That averment on facts is not contested by the learned Senior Counsel appearing on behalf of the Caveator respondent. There is plethora of law to support the averment on behalf of the petitioner that the matter would, in the given circumstances, require remand. The judicial pronouncements reported as Jagir Kaur Vs. Nirmal Singh 1993 (2) PLR 375, Shadi Lal and others Vs. Municipal Committee, Rewari 1994 (1) PLR Civil Revision No. 7852 of 2009 -2- *** 633, Sadhu Ram Verma Vs. Pawan Kumar 2006(2) RCR 95, Rajbir Singh Vs. Virender Singh and others 1996(1) PLR 703, Charan Singh and another Vs. Jagtar Singh and others 1999(1) PLR 719, and Jatinder Singh and another minor through mother Vs. Mehar Singh and others JT 2008 (11) SC 30 are supportive of that averment. In the light of the facts noticed above, judgment dated 18.11.2009 shall stand set aside. The matter is remanded to the learned Appellate Authority concerned for disposal afresh of the appeal after disposing of the applications aforementioned. If the amendment plea comes to be allowed on merits thereof, party opposite shall obviously have to be afforded an opportunity to rebut it. The parties, through their learned counsel, are directed to appear before the Appellate Authority on 2.3.2010. The matter shall be decided afresh by or on 9.3.2010. February 19, 2010 (S. D. ANAND) Pka JUDGE