IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5720 of 2009 Date of Decision: 20.08.2010 Sheesha Singh .... Petitioner Versus Surjit Kaur and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Kanwaljit Singh, Sr. Advocate with Mr. Harmanjit Singh, Advocate for the petitioner Mr. J.S. Bhatia, Advocate for respondents No. 2 to 6 Mr. Ashok Sharma, Advocate for respondent No. 8 ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 4.8.2009 passed by Civil Judge (Jr. Divn.) Patiala thereby refusing to appoint Commission for the examination of Pandit Chander Bhan Veer Bhan at Haridawar. Learned Sr. counsel for the petitioner states that witness is apprehensive and he is saying that in case he goes to depose on oath with the record (Jagman Bhahis) before the Court at Patiala his original record shall not be returned by the Court and in that way he would be in trouble and original record is always required by the Kulpurohit to maintain and enter the entries of their disciples and pilgrims. Learned Sr. counsel as well as counsel for the respondents state that in case original record comes then xerox C.R. No. 5720 of 2009 2 copy thereof after due comparison and verification shall be kept on record and original shall be returned then and there. In view of the statement of both the parties, original record shall not be kept and xerox copy thereof shall be kept after comparison and due verification by the Court. Learned Sr. counsel for the petitioner states that at the first instance witness should be summoned through the Court and if necessity arises in future Commission may be appointed by the trial Court for examination of the witness. In view of above, learned counsel for the petitioner seeks permission to withdraw the petition. Dismissed as withdrawn. (ALOK SINGH) 20.08.2010 JUDGE reena