Pankaj Khanna vs. Asha Khanna

COURT NO.2

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 21878/2015

(Arising out of impugned final judgment and order dated 30/01/2015 in CRP No. 161/2009 passed by the High Court Of Delhi At New Delhi)

PANKAJ KHANNA AND ANR.

ITEM NO.22

Petitioner(s)

VERSUS

ASHA KHANNA AND ORS Respondent(s) (with appln. (s) for permission to place addl. documents on record and office report)

Date: 24/08/2015 This petition was called on for hearing today.

$CORAM :$

HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE V. GOPALA GOWDA

For Petitioner(s) Mr. Vikas Mahajan, Adv. Mr. Vishal Mahajan, Adv. Mr. A.N.Singh, Adv. Mr. Arun Singh, Adv. Ms. Anuradha Mutatkar, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following ORDER

Learned counsel for the petitioner submits that the High Court was in error in holding that judgment and decree dated 13.02.2009 passed by the Civil Judge, Amritsar in Civil Suit No. progenified f 1989 had attained finality. He submits that although the $\frac{10.22.448}{10.22}$ is appeal directed against the judgment of the Trial Court had been dismissed, a second appeal filed against the two judgments and decrees of the courts below was pending before the High Court and

SECTION XIV

continues to pending till date. The Judgment of Civil Judge, had not therefore, attained finality so as to operate res judicata between the parties.

Issue notice.

(Shashi Sareen) (Veena Khera) AR-cum-PS Court Master