The petition sought a direction to the trial Court to dispose of an application under Order XXXIX Rule 2-A CPC expeditiously without waiting for the suit's conclusion. The Court granted the direction.
Direction to trial Court to consider and dispose of the interim application under Order XXXIX Rule 2-A CPC expeditiously within two months.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.O.C.P. No. 687 of 2009(O&M) Date of Decision : April 15, 2009
Lakhwinder Kaur
....Petitioner
Versus
Anil Gupta
.....Respondent
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. Mansul Ali, Advocate and Mr. H.S.Deol, Advocate for the petitioner.
T.P.S. MANN, J. (Oral)
Learned counsel contends that against the violation committed by the respondent of the undertaking/order dated 2.8.2008, the petitioner has filed an application under Order XXXIX Rule 2-A C.P.C. (Annexure P-5) but the said application is not being decided and is being taken up for consideration along with the main suit. The petitioner would be satisfied if a direction is issued to the trial Court to consider and dispose of the aforementioned application within a particular time frame.
After hearing learned counsel for the petitioner, I am of the view that a direction can be issued to the trial Court to consider and dispose of the application filed by the petitioner under Order XXXIX Rule 2-A C.P.C., without waiting for the conclusion of the trial of the suit. Accordingly, the
C.O.C.P. No. 687 of 2009 -2-
petition is disposed of with a direction to the trial Court to consider and dispose of the application under Order XXXIX Rule 2-A C.P.C.(Annexure P-5) filed by the petitioner expeditiously, preferably within a period of two months from the date of receipt of a certified copy of the order.
( T.P.S. MANN ) April 15, 2009 JUDGE ajay-1
1 issue framed by the court
Whether a direction can be issued to the trial Court to consider and dispose of an interim application under Order XXXIX Rule 2-A CPC without waiting for the conclusion of the main suit.
1 provisions across 1 enactments
Lakhwinder Kaur
Anil Gupta
T.P.S. MANN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
