CM Nos.4893 to 4895-CII-2009 - 1 - and FAO No.1653 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM Nos.4893 to 4895-CII-2009 and FAO No.1653 of 2008 DATE OF DECISION: 11.5.2009 **** Ashwani Kumar . . . . Appellant VS. Amir Chand and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Kapil Aggarwal, Advocate for the applicant/respondents Mr.Rakesh Chopra, Advocate for the non-applicant/appellant. **** RAKESH KUMAR JAIN J.(ORAL) CM No. 4893-CII-2009 Application is allowed as prayed for. CM stands disposed of. CM No. 4894-CII-2009 Application is allowed as prayed for. CM stands disposed of. CM No. 4895-CII-2009 Notice in the application. CM Nos.4893 to 4895-CII-2009 - 2 - and FAO No.1653 of 2008 At this stage, Mr.Rakesh Chopra, learned counsel for the non-applicant/appellant accepts notice. This is an application filed under Section 151 CPC for listing the main appeal for final hearing. Learned counsel for the applicants/respondents submitted in the application that the appeal may be allowed and the impugned judgment and decree (Annexure P2 and P3) be set aside and the matter may be remanded back to the Court of learned District Judge, Fatehgarh Sahib to decide the matter on merits afresh. Learned counsel for the non-applicant/appellant has no objection. In view of the above, the main appeal is taken on regular board for hearing. CM stands disposed of. MAIN CASE Learned counsel for the respondents states at the bar that he has no objection if the judgment and decree (Annexure P2 and P3) are set aside and the matter is remanded back to the ld. District Judge, Fatehgarh Sahib to decide the matter afresh on merits. Learned counsel for the appellant too has no objection. In view of the above, the present appeal is allowed, judgment and decree (Annexure P2 and P3) are set aside and the matter is remanded back to the ld. District Judge, Fatehgarh Sahib to decide the matter afresh on merits. CM Nos.4893 to 4895-CII-2009 - 3 - and FAO No.1653 of 2008 Parties are directed to appear before the ld. District Judge, Fatehgarh Sahib on 6.7.2009. (RAKESH KUMAR JAIN) MAY 11, 2009 JUDGE vivek