Disposed

Sher Singh & Ors. v. Naraini Devi & Ors.

Punjab & Haryana HC12 Oct 2009CR/5832/2009

Case brief

AI extract

What is this about?

In a revision petition challenging an appellate order on maintenance of status quo regarding alienation and possession, the High Court directed the Additional District Judge to record positive observations on possession. The Court ordered maintenance of the trial Court's status quo on possession pending the appellate reconsideration. No citation of constitutional or statutory provisions was applic

What did the court decide?

Direction to the Additional District Judge to record positive observations on possession; maintenance of status quo on possession pending further proceedings.

Sher Singh & Ors. Vs Naraini Devi & Ors. — Property and Title | Punjab & Haryana HC (2009)

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C.R. No. 5832 of 2009 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH.

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C.R. No. 5832 of 2009

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Date of Decision: October 12, 2009

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Sher Singh and others

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…..Petitioners

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Vs.

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Naraini Devi and others

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…..Respondents

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CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.

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-.-

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Present:Mr. S.K. Jain, Advocate for the petitioners.

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-.-

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M.M.S. BEDI, J. (ORAL)

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Plaintiff- petitioners have preferred this revision petition against the order dated September 5, 2009 passed by the lower Appellate Court modifying the order of maintenance of status quo regarding alienation and possession of the suit property, in a suit filed against the defendantrespondents for injunction pertaining to a property left by Bala Ram, sister of proforma respondent No.5- Parmeshwari. The lower Appellate Court has prima facie formed an opinion that since Parmeshwari after acquiring

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C.R. No. 5832 of 2009 [2]

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property of Bala Ram had released it to the extent of 3/4^th share to the plaintiff- petitioners and 1/4^th share to the defendant- respondents, as such it was ordered by the lower Appellate Court that in case the property is alienated by the defendant- respondents to a third party, all the documents of alienation will be placed before the Court to safeguard the interests of the parties against the subsequent vendees.

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Counsel for the plaintiff- petitioners has contended that the lower Appellate Court has not observed anything regarding the possession while disposing of the appeal.

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After hearing counsel for the plaintiff- petitioners and going through the orders passed by the Courts below, I am of the opinion that the trial Court vide order dated August 1, 2007 had ordered the parties to maintain status quo regarding alienation and possession of the suit property till final decision of the case. The Lower Appellate Court while deciding the appeal against the order dated August 1, 2007 has not even referred to the possession of the property. It is also not mentioned whether the interim order qua possession has been ordered to be maintained or it has been set aside.

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This revision petition is disposed of with a direction to the Additional District Judge, Sirsa, deciding the appeal to give a positive observation in the order regarding the possession during the pendency of the suit before the civil Court. The lower Appellate Court will take up the case on November 7, 2009 for said purpose. It will be open to the said Court to issue notice to the respondents before passing any order pertaining to

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C.R. No. 5832 of 2009 [3]

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possession during the pendency of the suit. It is ordered that till the matter is taken up by the lower Appellate Court, status quo regarding possession of the property in dispute, as ordered by the trial Court, will be maintained.

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Disposed of.

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October 12, 2009 (M.M.S.BEDI) sanjay JUDGE

Sher Singh & Ors. v. Naraini Devi & Ors.

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Sher Singh & Ors. v. Naraini Devi & Ors.

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