Kanwar Jagdish Singh Sawhney & Anr. v. Shri Vijayant Chaudhary & Anr.

Shri Vijayant Chaudhary and another CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA .....Respondents Present: Mr.Amit Rawal, Advocate and Mr.H.S.Saggu, Advocate for the petitioners. ..... RAM CHAND GUPTA, J.(Oral) C.M.No.11039-CII of 2011 Application is allowed subject to all just exceptions. Civil Revision No.2749 of 2011 The present revision petition has been filed under Article 227 of the Constitution of India for issuance of direction to learned Additional Civil Judge, Senior Division, Chandigarh, to decide the application filed by respondent no.1-plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (hereinafter to be referred as `the Code'), which is pending since the year 2008. I have heard learned counsel for the petitioners and have gone through the various zimni orders passed by learned trial Court. The only point argued by learned counsel for the petitioners is that on application filed by respondent no.1-plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code, order for maintaining status quo was passed by learned trial Court vide order dated 13.10.2008 and, however, since then the case is being adjourned and the application has not Civil Revision No.2749 of 2011(O&M) -2- been decided so far. Hence, in view of these facts, the present revision petition is accepted. Learned trial Court is directed to expedite the decision of pending application filed under Order 39 Rules 1 and 2 read with Section 151 of the Code and efforts be made to decide the same within one month from the next date of hearing.

27.4.2011 (Ram Chand Gupta) Judge