Disposed

Bhupinder Singh v. Surender Kumar and Ors.

Punjab & Haryana HC5 May 2015CR/2538/2015

Case brief

AI extract

What is this about?

In a civil revision over a stay order in a suit for injunction, the Court declined intervention but granted liberty to the petitioner to file a prayer for simultaneous trial and consolidation of the injunction suit with a prior suit for specific performance pending before the same court.

What did the court decide?

Petitioner granted liberty to file a memo for simultaneous trial and consolidation of the two suits.

Bhupinder Singh Vs Surender Kumar and Ors. — Specific Performance | Punjab & Haryana HC (2015)

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C.R. No.2538 of 2015

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R. No.2538 of 2015 Date of Decision.05.05.2015

Bhupinder Singh

.......Petitioner

Versus

Surender Kumar and others

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......Respondents

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Present: Mr. Pankaj Bali, Advocate for the petitioner.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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Whether Reporters of local papers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest?

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K. KANNAN J. (ORAL)

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The petitioner is aggrieved against the order of stay granted in a petition filed under Section 10 CPC brought at the instance of the defendant in the suit. According to him, he has already filed the suit for specific performance with reference to the very same subject matter and the suit for injunction filed at the instance of the defendant in his suit, who is the vendor, must be stayed. I will find that no tenable objection could be raised for issue in previous suit for specific performance will definitely have a bearing for consideration of the issue in the subsequent suit.

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Even while declining to make any intervention, I am of the view that if any prayer for a simultaneous trial of both the suits is brought at the instance of the petitioner, it shall be favourably considered. Both the suits are reported to be pending before the same Court. The petitioner is at liberty to file a memo for simultaneous PANKAJ KUMAR 2015.05.07 14:25 I attest to the accuracy and integrity of this document

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C.R. No.2538 of 2015

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adjudication of both the suits and if such a prayer is made, it shall be

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favourably considered and the cases may be consolidated for disposal.

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With these observations, the civil revision is disposed of.

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(K. KANNAN) JUDGE

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May 05, 2015 Pankaj*

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PANKAJ KUMAR 2015.05.07 14:25 I attest to the accuracy and integrity of this document

Bhupinder Singh v. Surender Kumar and Ors.

Case brief

What is this about?

What did the court decide?

Bhupinder Singh v. Surender Kumar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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