Second appeal concerning a specific performance suit dismissed at trial but decreed in appeal, with sale deed, mutation and possession already in the respondent's favour. Counsel for appellants could not obtain instructions; appeal dismissed for want of prosecution and status quo order vacated.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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354
RSA-2289-2007 (O&M) Date of Decision.:27.09.2024
Usha Chopra and another Appellants Vs.
Surinder Kumar Trehan Respondent
CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Amit Jain, Senior Advocate with ` Mr. Parit Aggarwal, Advocate for the appellants.
Mr. Viren Jain, Advocate with Ms. Taranum Madan, Advocate for the respondent.
DEEPAK GUPTA, J. (ORAL)
Learned counsel for the appellants submits that despite all possible efforts, they have not been able to contact the appellants so as to obtain instruc%ons.
Learned counsel for the respondent- plain%ff submits that the suit for specific performance was dismissed by the trial Court but in the appeal, the Appellate Court had decreed the suit. Learned counsel submits further that pursuant to the decree passed by the Appellate Court, the sale deed was executed and even the muta%on has been sanc%oned in favour of the respondent and the possession was delivered to the respondent. Learned counsel submits that because of the status quo order passed by this Court on
NEETIKA TUTEJA 2024.09.27 17:28 I attest to the accuracy and integrity of this document
RSA-2289-2007 (O&M) -2-
12.01.2010, the respondent- plain%ff is not able to enjoy the property as he is not even able to raise any construc%on or dispose of the property.
In all the aforesaid facts and circumstances, when there are no instruc%ons on behalf of the appellants and they are not coming forward so as to pursue this appeal, the present appeal is hereby dismissed for want of prosecu%on.
The status quo order passed by this Court is hereby vacated. In case, any cause of ac%on survives, the appellants will be at liberty to approach this Court.
( DEEPAK GUPTA ) JUDGE
September 27, 2024
Nee%ka Tuteja
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
NEETIKA TUTEJA 2024.09.27 17:28 I attest to the accuracy and integrity of this document
Usha Chopra and another
Surinder Kumar Trehan
Deepak Gupta
As recorded by the court registry
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