In a revision petition against orders dismissing an application for status-quo under Order 39 CPC and Section 151, the Court directed parties to maintain the status-quo regarding a disputed path until the suit is disposed of, without examining merits.
Directed parties to maintain status-quo regarding Path/Pahi "ABCA" till disposal of suit.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
C.R. No. 3255 of 2005 . Date of Decision: 22nd April, 2009 .
Gurmail Singh & Ors.
....Petitioners
through None
Versus
Santa Singh
...Respondent through Mr. Anshuman Chopra, Advocate
CORAM:
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. [ORAL)
The petitioner/plaintiff has directed this Revision Petition against the orders dated 16.2.2005 and 19.5.2005 passed by learned trial Court and the learned Additional District Judge, Sangrur respectively whereby his application under Order 39 Rules 1 and 2 read with Section 151 CPC has been dismissed and that order was affirmed in appeal.
There is a serious dispute between the parties regarding Path/Pahi 'ABCA' situated in Khasra NO.815.
While issuing notice of motion, this Court, vide order dated 17.6.2005 directed the parties “to maintain status-quo with regard to Path/Pahi 'ABCA' situate in Khasra No.815. The aforestated interim order was made absolute while admitting the revision petition.
Learned counsel for the respondent states that despite his best efforts, he has not been able to contact the respondent. According to him, it appears that the matter has been compromised.
Be that as it may, even if the suit is still pending, the fact remains that the interim order directing the parties to maintain statusquo is operating from last over four years and in these circumstances, I do not deem it necessary to go into the merits of the case.
Consequently, this revision petition is disposed of with a direction that if the suit is still pending, the parties shall maintain status-quo regarding Path/Pahi “ABCA” situate in Khasra NO.815, till the disposal of the suit.
April 22, 2009. ( SURYA KANT ) dinesh JUDGE
2 issues framed by the court
Whether the interim status-quo order should remain operative pending disposal of the suit.
Whether merits of the suit need to be examined given the pending interim order.
1 provisions across 1 enactments
Gurmail Singh & Ors.
Santa Singh
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
