1 S.B. CIVIL MISC APPEAL NO.240/1997 (Baldeo Singh & Ors. Vs. State of Raj. & Anr.) Date of Order : 27.10.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.L. Jain, for the appellants. None present for the respondents. Heard learned counsel for the appellants. No one is present on behalf of the respondents inspite of service of notice. While citing the judgment dated 21.5.2009 rendered by Coordinate Bench of this Court in SB Civil Misc. Appeal No.42/1996, it is submitted by learned counsel for the appellants that the controversy involved in this appeal is squarely covered with the aforesaid judgment. I have perused the judgment cited by learned counsel for the appellant. It appears from the facts of the case, the controversy involved in this appeal is identical to the fact of those appeal which were decided vide judgment dated 21.5.2009. In this view of the matter, while following the judgment dated 21.5.2009 passed by Coordinate Bench of this Court in SB Civil Misc. Appeal No.42/1996, this appeal is also 2 allowed. The order impugned passed by learned Civil Court on 16.5.1996 is hereby set aside and the matter is restored back to the Civil Court, Sriganganagar for deciding the application filed under Section 18 of the Act afresh on merits after giving an opportunity of hearing to the concerned parties and decide the reference application on merits in accordance with law. The said reference may be decided within a period of six months from today in view of the long pendency of the matters before this Court from the year 1996. No order as to costs. (Gopal Krishan Vyas), J. arun/