Single judge disposed of a revision petition in a suit for declaration and injunction. The court directed the trial court to decide the main suit within six months and maintained the status quo regarding possession.
Trial court to decide the main suit within six months; status quo regarding possession maintained for six months.
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C.R. No. 2930 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.R. No. 2930 of 2009
Date of Decision: October 14, 2009
Janki Parshad
Vs.
Gram Panchayat, Village Jasawas and others
…..Respondents
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. J.P. Sharma, Advocate for the petitioner.
Mr.Rupam K. Aggarwal, Advocate for respondent No.1.
-.-
M.M.S. BEDI, J. (ORAL)
Claiming to be in cultivating possession of the land in dispute, the plaintiff- petitioner had filed a suit for declaration and injunction. The trial Court, considering the petitioner to be in possession on the basis of the old revenue record, granted interim injunction, to the plaintiff- petitioner. The lower Appellate Court has reversed the said order forming prima facie
an opinion that the plaintiff- petitioner is not in actual physical possession of the property in dispute rather the property in dispute is land which is given on lease by the Gram Panchayat to the lessees. It has to be determined on the basis of the revenue entries and on the basis of other evidence as to who is in actual physical possession of the property and whether the plaintiff- petitioner has got a right of ownership to the property in dispute. It has been brought to my notice that the case before the trial Court is fixed for recording of the evidence of the plaintiff- petitioner. The plaintiffpetitioner wants to lead documentary and oral evidence for which he seeks only two months time to produce the entire evidence in two opportunities.
Without entering into the controversy regarding actual physical possession, it is deemed appropriate in the interest of justice to dispose of this revision petition with a direction that the trial Court will decide the main suit within a period of six months after the next date of hearing. Status quo regarding the possession as existing today will be maintained for a period of six months henceforth.
Disposed of.
October 14, 2009 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether the revision petition involving a suit for declaration and injunction should be disposed of with a direction to decide the main suit within six months.
Janki Parshad
Gram Panchayat, Village Jasawas
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
