Raj Pal v. Jagbir Singh

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Navneet Singh, Advocate for the petitioner. Mr.Harkesh Manuja, Advocate for the respondent. ...... RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India for setting aside order dated 3.2.2010, passed by learned first appellate Court, directing petitioner-defendant to vacate the portion purchased by him from Raj Singh within a month. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned first appellate Court. This Court while issuing notice of motion had directed the parties to maintain status quo regarding the possession. It has been stated by learned counsel for the respondent that he is having no objection if the status quo is ordered to be maintained as on today during the pendency of the suit, however, he has prayed that trial Court be directed to expedite the trial. He also stated that he will conclude his evidence at his own Civil Revision No.1085 of 2010(O&M) -2- responsibility by taking two short adjournments. In view of these facts, the impugned order passed by learned first appellate Court is modified to the extent that parties are directed to maintain status quo regarding possession of the property in dispute, as it exists today. Learned trial Court is also directed to expedite the trial and efforts be made to conclude the same within one year from the next date of hearing by giving short adjournments. Revision petition stands disposed of accordingly.

26.7.2011 (Ram Chand Gupta) Judge