The High Court disposed of a revision petition against dismissal of an injunction application without examining merits, directing parties to maintain status quo and ordering the Civil Court to decide the suit within six months.
Parties to maintain status quo; Civil Court directed to decide suit within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R NO. 3129 OF 2005
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R NO. 3129 OF 2005 DECIDED ON : 15.04.2009
Parampal and others
...Petitioners
versus
State of Haryana and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. Sandeep Khunger, Advocate, for the petitioners.
None for the respondents.
SURYA KANT, J. (ORAL)
This revision petition is directed against the orders dated 11.11.2004 and 04.12.2004 passed by the learned Civil Court and the First Appellate Court, whereby an application under order 39 Rules 1 and 2 read with Section 151 of CPC has been dismissed and that order affirmed in appeal.
The petitioners are the plaintiffs who have been declined ad-interim injunction by the Courts below.
While issuing notice of motion, this Court vide order dated September 27, 2005 directed the parties to maintain status quo. That order was made absolute while admitting the revision petition on 03.11.2006.
C.R NO. 3129 OF 2005
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The interim order passed by this Court is, thus, operating for the last about three years. Meanwhile, there is every likelihood that the main case itself might have been decided. Be that as it may, since the interim arrangement made by this Court is successfully operating from last above three years, I do not deem it necessary to go into the merits of this revision petition. Rather, the same is disposed of with a direction that the parties shall maintain status-quo till the suit is decided. However, keeping in view the nature of lis, the learned Civil Court is directed to decide the civil suit, if pending, within a period of six months.
Disposed of.
(SURYA KANT) JUDGE
APRIL 15, 2009 shalini
1 issue framed by the court
Whether the revision petition against dismissal of injunction application requires examination of merits given the status quo order.
1 provisions across 1 enactments
Parampal and others
State of Haryana and others
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
