High Court disposed of a civil revision petition by directing the Trial Court to decide the underlying suit expeditiously within six months and continuing an existing interim order.
Revision disposed of; direction to Trial Court to decide suit within 6 months; interim order of 17.11.2007 continued.
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.
Civil Revision No.5238 of 2006 (O&M)
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.5238 of 2006 (O&M) Decided on : 19-08-2009
Mohinder Kaur
.... Petitioner
VERSUS
Hakam singh and others
.... Respondents
CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL .
Present:None for the parties.
SATISH KUMAR MITTAL, J (Oral).
The petitioner(defendant) has filed this petition against order dated 22.09.2006 passed by Additional District Judge, Barnala, whereby the appeal filed by the plaintiffs against the rejection of the application under Order 39 Rules 1 & 2 read with Section 151 C.P.C. for interim injunction, was allowed while setting aside the order of the Trial Court and the defendant (petitioner) was restrained from interfering in the possession of the plaintiffs over the suit land forcibly except in due course of law.
When this revision petition was admitted, no interim order was passed. However, it was clarified that the proceedings of the Trial Court be continue. During the pendency of this petition, an application was filed by the petitioner, in which on November 17, 2007, the parties were directed to maintain the status quo as it
Civil Revision No.5238 of 2006 (O&M)
-2-
existed on that date.
On the last date of hearing i.e. 18.8.2009, nobody had put in appearance on behalf of either of the parties and in the interest of justice, the case was adjourned for today. Even, today no one is present on behalf of either of the parties to inform whether the suit has been finally decided or not.
In view of these facts, this revision petition is disposed of with a direction to the Trial Court to decide the suit filed by the plaintiffs (respondents) if already not decided, expeditiously and preferably within a period of 6 months. Till the decision of the suit, the interim order dated November 17, 2007, passed by this Court will continue.
19th August, 2009. Monika
(SATISH KUMAR MITTAL) JUDGE
MOHINDER KAUR
HAKAM SINGH
SATISH KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
