Disposed

Siri Kishan v. Bharta and Others

Punjab & Haryana HC15 Apr 2009CR/1534/2005

Case brief

AI extract

What is this about?

Revision against an order partly setting aside an interim injunction. The parties reconciled to the interim arrangement. The High Court disposed of the revision, continuing the interim order and directing the civil suit to be concluded within six months.

What did the court decide?

Revision disposed; interim order of 03.11.2006 continued till civil suit decided; civil suit directed to be disposed within six months.

Siri Kishan Vs Bharta and Others — Punjab & Haryana HC (2009) — LawSathi Research

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C.R NO. 1534 OF 2005

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R NO. 1534 OF 2005 DECIDED ON : 15.04.2009

Siri Krishan

...Petitioner

versus

Bharta and others

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...Respondents

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CORAM : HON'BLE MR. JUSTICE SURYA KANT

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Present : Mr. Sandeep Ghangas, Advocate, for the petitioner.

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Mr. R. S. Tacoria, Advocate, for the respondents.

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SURYA KANT, J. (ORAL)

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This revision petition is directed against the order dated 16.02.2005 passed by the learned Additional District Judge, Panipat, whereby order dated 15.12.2004 of learned Additional Civil Judge (Senior Division), Panipat, granting adinterim injunction to the petitioner, has been partly set aside.

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While issuing notice of motion, this Court vide order dated 17.03.2005 stayed the operation of impugned order dated 16.02.2005. Thereafter, the following order was passed while admitting the revision petition on 03.11.2006 :

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C.R NO. 1534 OF 2005

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“ Admitted.

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In the meantime, the respondents are restrained from interfering in the possession of the plaintiff over the land in dispute which is being used as Pooja Sathal of his forefathers.”

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It would, thus, be seen that the interim order passed by this court is operating in petitioner's favour from the last over three years. Meanwhile, the suit itself might be near to final disposal.

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Under these circumstance when both the parties have reconciled with the interim arrangement made by this Court, I do not deem it necessary to go into the rival contentions which may unnecessarily prejudice any one of them in the pending suit. Rather, the revision petition is disposed of with a direction that the interim order dated 03.11.2006 passed by this Court shall continue to operate till the civil suit is decided. However, keeping in view the nature of lis, the learned Civil Court is directed to make an endeavour to dispose of the pending suit within a period of six months.

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Disposed of.

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(SURYA KANT) JUDGE

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APRIL 15, 2009 shalini

Siri Kishan v. Bharta and Others

Case brief

What is this about?

What did the court decide?

Siri Kishan v. Bharta and Others

Case brief

What is this about?

What did the court decide?

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