M/S BABU RAM ASHOK KUMAR Vs. MUSHTAQ ALI AND ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5454-55 of 2016, Judgment Date: Jun 29, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NOs. 5454-55 OF 2016
             [@ SPECIAL LEAVE PETITION (C) NO. 994-995 OF 2015]


      M/S BABU RAM ASHOK KUMAR                     Appellant(s)

                                VERSUS

      MUSHTAQ ALI AND ORS                          Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    The apepllant  apparantly  is  aggrieved  since  the  application  for
restoration of the review of the Judgment dated 28.11.2013 in  RSA  No.  287
of 1986 on the file of Punjab and Haryana High Court was dismissed.
3.    There is no dispute that the review  application  had  been  filed  on
time.  It appears from the order dismissing the application for  restoration
that the applicant had not been prosecuting the case diligently.
4.    Having gone through the  application  and  having  heard  the  learned
counsel for the parties, we are of the  view  that  the  review  application
deserves to be considered on merits.
5.    In that view of  the  matter,  we  refrain  from  making  any  further
observation on the merits of the case.  Therefore, we set  aside  the  order
dated 04.09.2014 in CM No. 9394-C of 2014 in RA No. 15-C of 2014 in RSA  No.
287 of 1986 and restore the review application to its  original  file.   The
matter is remitted to  the  High  Court  for  consideration  of  the  review
application on merits.
6.    We direct the parties to appear before the High Court  on  01.08.2016.
In case the review petitioner does not appear before the High Court on  that
date, the review application shall stand dismissed.
7.    Needless to say that it will be open  to  the  parties  to  raise  all
available contentions before the High Court.  The status  quo  order  passed
by this Court on 06.01.2015 regarding possession  shall  continue  till  the
matter is disposed of by the High Court.
8.    With the above observations and directions, the appeals  are  disposed
of.
      No costs.
                                                   .......................J.
                                                        [ KURIAN JOSEPH ]

                                                   .......................J.
                                                [ ROHINTON FALI NARIMAN ]

      New Delhi;
      JUNE 29, 2016.