Bir Singh Vs State of Haryana and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

Bir Singh Vs State of Haryana and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Revision petition disposed of on the joint request of counsel, with a request/direction to the learned trial Court to conclude the suit proceedings within two months from the next date of hearing fixed before it (10.09.2025); the interim order dated 15.06.2022 (restraining demolition of construction over the suit property) to remain operative till final adjudication of the suit, without being an expression of opinion on merits; pending miscellaneous application(s) disposed off.

Issue for consideration

Whether the order dated 31.05.2022 (Annexure P-8) passed by the learned Additional District Judge, Hisar in miscellaneous appeal, affirming the trial Court's dismissal of the petitioner-plaintiff's application under Order 39 Rule 1 & 2 CPC, should be set aside.

Court's answer

Present petition is disposed off with a request to the learned trial Court to conclude the proceedings in the suit within two months from the next date of hearing fixed before it, i.e. 10.09.2025.

Ratio / Principle

The interim order dated 15.06.2022 passed by this Court shall remain operative till the final adjudication of the suit.

Key takeaways

The interim order dated 15.06.2022 shall not be construed as an expression of opinion on the merits of the main suit for its disposal.obiter¶32
Pending miscellaneous application(s), if any, shall also stand disposed off.ratio¶33
Application CM-10983-CII-2025 seeking preponement of hearing has been rendered infructuous since the main case itself was listed the same day, and stands dismissed as infructuous.ratio

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Harkesh Manuja, J.) — Civil Revision No. 2424 of 2022 (O&M), Bir Singh v. State of Haryana and others (decided 03.09.2025): Revision under Article 227 of the Constitution of India against the order dated 31.05.2022 of the Additional District Judge, Hisar, which affirmed the Civil Judge (Junior Division), Hisar's order dated 13.05.2022 dismissing the plaintiff-plaintiff's interim-injunction application under Order 39 Rule 1 & 2 of The Code of Civil Procedure, 1908. Notice had been issued on 15.06.2022 with interim injunction restraining demolition of construction over the suit property. As counsel for the petitioner and respondent No. 3-Gram Panchayat were ad idem, the petition was disposed of with a request to the trial Court to conclude the suit within two months from the next date of hearing (10.09.2025); the interim order dated 15.06.2022 was continued till final adjudication of the suit, expressly without prejudice to the merits; pending miscellaneous applications were disposed of; CM-10983-CII-2025 (preponement) was dismissed as infructuous.

133

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Revision No. 2424 of 2022 (O&M) Date of Decision: 03.09.2025

Bir Singh

.......... Petitioner

Versus

State of Haryana and others

.......... Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Raman Chawla, Advocate for the petitioner-plaintiff.

Ms. Komal Sharma, Deputy Advocate General, Haryana for respondent Nos. 1 & 2.

Mr. Anil Malik, Advocate for respondent No. 3-Gram Panchayat, Village Bhaini Badshahpur, Sub Tehsil Uklana, District Hisar.

HARKESH MANUJA, J. (ORAL)

CM-10983-CII-2025

Prayer in the present application moved on behalf of the applicant-respondent No. 3, is for preponing the date of hearing from 03.09.2025 to an earlier date.

Since, the main case itself has been listed today, present application has been rendered infructuous.

Dismissed as infructuous .

MAIN CASE

The petitioner-plaintiff, by way of present revision petition under Article 227 of the Constitution of India, seeks setting aside of an order

DINESH KUMAR 2025.09.04 14:08 I attest to the accuracy and integrity of this document

Civil Revision No. 2424 of 2022 (O&M)

[2]

dated 31.05.2022 (Annexure P-8), passed by the learned Additional District Judge, Hisar (hereinafter referred to as “Appellate Court”) in miscellaneous appeal, whereby an order dated 13.05.2022 (Annexure P-6) passed by the Court of Civil Judge (Junior Division), Hisar (hereinafter referred to as “trial Court”) , dismissing the application under Order 39 Rule 1 & 2 of The Code of Civil Procedure, 1908 (for short “CPC”) , preferred at the instance of petitioner-plaintiff, was dismissed, thereby affirming the order passed by the trial Court.

[2] This Court, while issuing notice vide order dated 15.06.2022, granted interim injunction while restraining the respondents from demolishing any part of the construction over the suit property in question.

[3] At the outset, learned counsel(s) representing the petitioner as well as respondent No. 3 are ad idem that the present petition may be disposed off with a request to the learned trial Court to expedite and conclude the proceedings in the suit. They further inform that the proceedings in the suit are now fixed for 10.09.2025 for rebuttal and arguments.

[4] In view of the aforesaid stand taken by the respective parties through their counsel(s), present petition is disposed off with a request to the learned trial Court to conclude the proceedings in the suit within two months from the next date of hearing fixed before it, i.e. 10.09.2025.

[5] Needless to say that the interim order dated 15.06.2022 passed by this Court shall remain operative till the final adjudication of the suit.

DINESH KUMAR 2025.09.04 14:08 I attest to the accuracy and integrity of this document

Civil Revision No. 2424 of 2022 (O&M)

[3]

[6] It is also made clear that the aforesaid interim order dated 15.06.2022 shall not be construed as an expression of opinion on the merits of the main suit for its disposal.

[7] Pending miscellaneous application(s), if any, shall also stand disposed off.

September 03, 2025	( HARKESH MANUJA )
'dk kamra'	JUDGE
Whether Speaking/reasoned	Yes/No
Whether Reportable	Yes/No

'dk kamra'

DINESH KUMAR 2025.09.04 14:08 I attest to the accuracy and integrity of this document