CWP No.13677 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.13154 of 2011, CM No.12747 of 2011 & CWP No.13677 of 2011 Date of decision: 21.09.2011 Barinder Singh ....Petitioner Versus The Financial Commissioner (Appeals-I), Mini Secretariat, Punjab, and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Rajan Bansal, Advocate, for the petitioner. Mr. Anmol Rattan Sidhu, Sr. Advocate, for respondent No.5. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) CM No.13154 of 2011 Mr. Anmol Rattan Sidhu, learned Senior Advocate, appearing for respondent No.5 has fairly stated that in the present case notice of motion has not been issued as yet, however, to illustrate fraud played by the petitioner in obtaining ad interim injunction in a suit filed by him challenging the sanad taksim, which is subject-matter of present writ petition, present CM is moved to place on record copy of the plaint filed by the petitioner in the Court of Civil Judge (Senior Division), Bathinda. Since notice of motion has not been issued as yet, application is premature, however, respondent No.5 is permitted to appear as caveator in the present case at this stage. CWP No.13677 of 2011 -2- CM No.12747 of 2011 Mr. Rajan Bansal, learned counsel appearing for applicant/petitioner, states that petitioner has filed one suit before the Civil Judge (Senior Division), Bathinda, challenging the impugned sanad taksim, therefore, present petition be dismissed as withdrawn. Mr. Anmol Rattan Sidhu, learned Senior counsel appearing for respondent No.5, has argued that once writ petition was pending before this Court arising out of the partition proceedings, therefore, suit, challenging the same sanad taksim before the civil Court in a parallel proceeding, was not maintainable and petitioner by playing fraud has obtained ex parte injunction. Mr. Sidhu further states that let present petition be dismissed as withdrawn unconditionally with liberty to respondents to raise question of maintainability of the suit before the trial Court. Learned counsel appearing for the petitioner has no objection if this petition is dismissed as withdrawn unconditionally. CM is allowed. CWP No.13677 of 2011 Dismissed as withdrawn unconditionally with liberty to the respondents to raise question of maintainability of the suit before the civil Court. (Alok Singh) Judge September 21, 2011 R.S.