Disposed
Gian Chand v. Ajay Madan and Others
Punjab & Haryana HCCOCP/1777/2013
Case brief
from the order text
What is this about?
of 2013 [1] IN THE HIGH COURT OF PUNJAB AND…
What the court decided
AI extract
of 2013 [1] IN THE HIGH COURT OF PUNJAB AND…
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.
COCP No. 1777 of 2013
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
COCP No. 1777 of 2013
Date of Decision: November 22, 2013
Gian Chand
…..Petitioner
Vs.
Ajay Madan and others
…..Respondents
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. Sanjiv Gupta, Advocate for the petitioner.
-.-
M.M.S. BEDI, J. (ORAL)
Copy of the interim application under Order 41 Rule 5 CPC
perused.
Petitioner has got an alternative remedy of moving an application in RSA or to seek final decree on the basis of the preliminary decree for possession subject to final decision in RSA.
Since neither the construction was the subject matter of the litigation nor any order qua construction stood passed, it will not be
Gupta Sanjay 2013.11.25 09:53 I attest to the accuracy and integrity of this document High Court Chandigarh
COCP No. 1777 of 2013
[2]
appropriate to launch contempt petition against the defendant- appellant in RSA.
Disposed of.
November 22, 2013 (M.M.S.BEDI) sanjay JUDGE
Gupta Sanjay 2013.11.25 09:53 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether launch of contempt proceeding against the appellant-defendant in the related Suit for Recovering Specific Amount (RSA) is appropriate given the availability of an alternative remedy.
Gian Chand
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court