This Court dismissed a civil revision petition challenging the dismissal of a motion for adjourning a civil appeal sine die. The court held that no valid ground was made out to adjourn the proceedings as no interim or stay order was granted by the High Court in the related pending appeals.
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.
-1-
Civil Revision No. 710 of 2014 (O&M)
In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 710 of 2014 (O&M) Date of Decision: 30.1.2014.
Girdhar Gopal
.......Petitioner
Versus
Vinod Kumar and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Dr. Parveen Hans, Advocate for the petitioner.
SABINA, J.
Petitioner has filed this petition challenging the order dated 8.1.2014 (Annexure P-1) whereby application moved by the petitioner for adjourning the appeal sine die till the decision of RSA No. 3453 of 2009 and RSA No. 1132 of 2010, was dismissed.
I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully.
Learned Additional District Judge, while dismissing the application, has observed as under:-
“This is a regular civil appeal directed against the judgment and decree dated 10.2.2011, passed by the court of Ms. Sangeeta Rai Sachdeva, the then learned Civil Judge (Senior Division), Bhiwani. The present application has been moved by appellant-applicant Girdhar Gopal for adjourning the instant appeal sine die wherein it is claimed by the appellant-applicant that since the RSA No. 3453 of 2009 titled as Dharampal Vs. Nathu & others and RSA No. 1132 of 2010 titled as Vinod Kumar and others Versus Dharampal and others are
Singh Gurpreet 2014.02.03 14:00 I attest to the accuracy and integrity of this document chandigarh
-2-
Civil Revision No. 710 of 2014 (O&M)
pending in the Hon'ble High Court of Punjab and Haryana at Chandigarh. But there is no stay order from the Hon'ble High court, Chandigarh. The applicant-appellant has failed to show any ground for staying the proceedings before this Court. Hence, I find no merit in the application in hand and the same is hereby dismissed.”
The reasons given by the learned Additional District Judge, while dismissing the application, are sound reasons. No interim order has been granted by this Court in the pending appeals. Hence, no ground for adjourning the appeal in question was made out.
No ground for interference by this Court is made out. Dismissed.
(SABINA) JUDGE
January 30, 2014 Gurpreet
Singh Gurpreet 2014.02.03 14:00 I attest to the accuracy and integrity of this document chandigarh
1 issue framed by the court
Whether an application seeking adjournment of an appeal sine die pendingundserved on various higher court orders can be allowed in absence of a stay order from the High Court.
Girdhar Gopal
Vinod Kumar
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
