Single-judge High Court disposed of a revision petition regarding the maintenance of status quo for land and tree-cutting. Held no legal infirmity; dismissed petition but allowed alternative application at Trial Court.
Selection of status quo in impugned order quashed; party directed to move application in Trial Court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No. 5863 of 2010(O&M) Decided on : 23-09-2010
Prem Chand
....Petitioner
VERSUS
Dharam Chand and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:Mr. Pankaj Bali, Advocate for the petitioner.
MAHESH GROVER, J
There is no legal infirmity in the impugned order as the petitioner himself suffered a statement that the status quo be maintained during the pendency of the petition.
The grievance of the petitioner is that he wants to cut the poplar trees which are planted in the land and is desirous that the amount be retained in the Court till the disposal of the suit to be given to the rightful claimant.
Since there is no legal infirmity in the impugned order, the revision petition is held to be without merit and is dismissed. However, the petitioner may move an appropriate application before the Trial Court which shall consider the same in accordance with law after giving notice to both the parties to consider the prayer which has been made here before this Court.
September 23, 2010 rekha
(Mahesh Grover) Judge
1 issue framed by the court
Whether the revision petition challenging the maintenance of status quo suffers legal infirmity.
Prem Chand
Dharam Chand
MAHESH GROVER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
