Disposed¶21

Rajesh Khurana v. Mukesh Khurana and Anr.

Punjab & Haryana HC11 Feb 2025CR/513/2024

Case brief

AI extract

What is this about?

Punjab & Haryana High Court; Civil Revision No.513 of 2024 (CR-513-2024); Rajesh Khurana vs Mukesh Khurana and another; Justice Nidhi Gupta (oral); decided 11.02.2025; revision disposed of as infructuous; application under Order 12 Rule 6 CPC for disposal of suit pending before trial Court; impugned order dated 07.7.2023 of Civil Judge (Jr. Divn.) Ludhiana dismissing vacation of stay of order dated 10.4.2018; ex-parte proceedings set aside by order dated 19.11.2018; no merits decided; no cases cited.

What did the court decide?

No substantive relief; petition disposed of as having been rendered infructuous, with the trial Court to decide the petitioner's application under Order 12 Rule 6 CPC expeditiously and pending application(s), if any, disposed of. ¶21

Rajesh Khurana Vs Mukesh Khurana and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the impugned order dated 07.7.2023 of the Civil Judge (Jr. Divn.), Ludhiana dismissing the application for vacation of stay of order dated 10.4.2018 should be set aside, and the application for stay be decided afresh in view of the order dated 19.11.2018 setting aside the ex-parte proceedings.

¶15

Ratio / Principle

In view of the admitted fact that the petitioner had filed an application under Order 12 Rule 6 CPC seeking disposal of the suit (pending before the trial Court for 11.2.2025), rendering the present petition infructuous, the petition stands disposed of as having been rendered infructuous.

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Key takeaways

The petitioner's application under Order 12 Rule 6 CPC shall be decided by the learned trial Court expeditiously, and pending application(s), if any, shall stand disposed of.obiter¶21

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Nidhi Gupta J., oral), Civil Revision No.513 of 2024 - Rajesh Khurana v. Mukesh Khurana and another, decided 11.02.2025. The petition sought setting aside of the order dated 07.7.2023 (Annexure P-1) of the Civil Judge (Jr. Divn.), Ludhiana dismissing the application for vacation of stay of order dated 10.4.2018 (Annexure P-4), and a fresh decision on the stay application in view of the order dated 19.11.2018 (Annexure P-5) whereby the order of ex-parte proceedings had been set aside. Without adverting to the facts, counsel for both parties submitted that the petition stood rendered infructuous as the petitioner had filed an application under Order 12 Rule 6 CPC seeking disposal of the suit, stated to be pending before the learned trial Court for 11.2.2025. Held: the petition stands disposed of as having been rendered infructuous; the learned trial Court to decide the Order 12 Rule 6 CPC application expeditiously; pending application(s), if any, stand disposed of. No substantive issue adjudicated on merits.

Rajesh Khurana v. Mukesh Khurana and Anr.

Case brief

What is this about?

What did the court decide?

Rajesh Khurana v. Mukesh Khurana and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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