Pankaj Khanna vs. Asha Khanna

ITEM NO.22 COURT NO.2 SECTION XIV S U P R E M E C O U R T O F I N D I A 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. 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 O R D E R Learned counsel for the petitioner submits that the High Court was in error in holding that judgment and decre e dated 13.02.2009 passed by the Civil Judge, Amritsar in Civil Sui t No. 295 of 1989 had attained finality. Signature Not Verified He submits that although th e Digitally signed by Shashi Sareen Date: 2015.08.28 first appeal directed against the judgment 10:22:48 IST Reason: of the Trial Cou rt had been dismissed, a second appeal filed against the two judgments and decrees of the courts below was pending before the High Court and 2

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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