12.03.2025 Rana Singh Singh v. Manjit Singh t Singh and another
Case Details
CR-1506-20 2025 -1- IN THE HIG HIGH COURT OF PUNJAB AND HA D HARYANA AT CHANDIGARH 115 CR-1506-2025 (O&M) Date of Decision: 12.03.2025 Rana Singh Singh .… Petitioner Versus Manjit Singh t Singh and another .... Respondents CORAM: H M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - Mr. Parvinder Singh, Advocate ocate for the petitioner. NIDHI GUP I GUPTA, J. 1 Prayer in this revision petition f the tition filed under Article 227 of the Constitution itution of India, is for issuance of the e of appropriate directions to the learned Civ d Civil Judge (Junior Division), G the on), Garhshankar to expedite the hearing of C g of Civil Suit No. 304 of 2022 alon d by 2 along with counter claim filed by the petitione titioner. 2. Briefly stated, respondents No.
Legal Reasoning
ed a ts No. 1 and 2/plaintiffs have filed a suit dated ated 27.02.2022 (Annexure P-1) fo nent 1) for possession and permanent injunction against petitioner-defendant No. ents t No. 1 and proforma respondents No. 3 and and 4/defendants No. 2 and 3, re the 3, respectively. Upon notice, the petitioner al ner along with co-defendants/proform d 3 proforma respondents No. 2 and 3 herein filed filed written statement dated 03.10 long 03.10.2022 (Annexure P-2) along with counte counter-claim of even date i.e. . i.e. 03.10.2022 (Annexure P-3). Respondents ndents No. 1 and 2/plaintiffs have file NIL ve filed written statement dated NIL (Annexure P xure P-4) resisting the counter-claim ide claim filed by the petitioner. Vide order dated 0 dated 03.05.2023 (Annexure P-9), two d by two separate applications filed by the petitione titioner as well as respondents No. 1 rder No. 1 and 2/plaintiffs under Order XXXIX Rul X Rules 1 and 2 CPC, were disposed ourt sposed of by the learned trial Court RISHU KATARIA 2025.03.21 18:55 I attest to the accuracy and authenticity of this order/judgment. CR-1506-20 2025 -2- observing th ing that a prima facie case was m the was made in favour of both the plaintiffs/ re ffs/ respondents No. 1 and 2 and th and the defendant/counterclaimant/ petitioner he ner herein. As such, both the partie tain parties were directed to maintain status quo. uo. Thereafter, both the parties have s s have filed their respective appeals bearing Nos g Nos. CMA/92/2023 titled as Rana and ana Singh vs. Manjit Singh and CM/85/2023 5/2023 titled as Manjit Singh vs. Ra rned . Rana Singh before the learned lower Appe Appellate Court and till date bot ding te both the appeals are pending adjudication cation before the learned lower Appe t to r Appellate Court. It is pertinent to mention her n herein that the petitioner filed an 023 ed an application dated 08.05.2023 (Annexure P xure P-27) for implementation of n of the order dated 03.05.2023. However, re ver, respondents No. 1 and 2 did said 2 did not file reply to the said application a ation and later on, the same became was came infructuous and the case was fixed for pla for plaintiffs’ evidence vide order da der dated 07.07.2023 (Annexure P- 28) and the d the same is still pending for plainti nce, plaintiffs’ evidence till date. Hence, the present r esent revision petition. 3. Learned counsel for the petitio that petitioner, inter alia, submits that after obtaini btaining order of status quo, respond fs in spondents No. 1 and 2/plaintiffs in order to hara to harass the petitioner are intentionall s in tionally delaying the proceedings in the suit inasm it inasmuch, as after availing 09 effect not effective opportunities they are not concluding ding their evidence as is eviden ated vident from zimni orders dated 11.07.2023, 2023, 08.08.2023, 30.08.2023, 17.10.2 023, 7.10.2023, 16.11.2023, 18.12.2023, 11.01.2024, 2024, 21.02.2024 and 16.05.2024 37). 2024 (Annexures P-29 to P-37). Learned cou ed counsel submits that for the last eing last 05 dates the case is being adjourned o ned only for the reason that the fi rned the file has been sent to learned Appellate Co late Court. However, there is no stay o llate stay order of the learned Appellate Court. RISHU KATARIA 2025.03.21 18:55 I attest to the accuracy and authenticity of this order/judgment. CR-1506-20 2025 -3- 4. It is, accordingly, prayed that ts, a that in view of the above facts, a direction be on be issued to the learned trial Cou g of al Court to expedite the hearing of Civil Suit N Suit No. 304 of 2022 along with the with counter claim filed by the petitioner. 5. No other argument has been raised by learned counsel for the petitione titioner. 6.
Legal Reasoning
I have heard learned counsel fo sel for the parties and perused the case file in g ile in great detail. 7. The facts in brief have already lready been noticed here-in-above. I find no m no merit in the submissions made o made on behalf of the petitioner. Admittedly, tedly, vide order dated 03.05.2023 (A 023 (Annexure P-9) two separate applications ations filed by the petitioner as well s well as respondents No. 1 and 2/plaintiffs u tiffs under Order XXXIX Rules 1 an
Decision
s 1 and 2 CPC, were disposed of by the learn learned trial Court directing the par arties to maintain status quo. Feeling dissa g dissatisfied, both the parties have fi ave filed separate appeals bearing Nos. CMA CMA-92/2023 and CMA/85/2023 023 challenging the order dated 03.05.2023 ( 2023 (Annexure P-9). The learned lo rned lower Appellate Court while issuing notic g notice in the appeals vide order d re rder dated 20.05.2023 (Annexure P-10) had o had observed that ‘Therefore, to pr o protect the nature of the suit property an y and to avoid multiplication o n of litigation, it would be appropriate iate to stay the following direction ction made by the learned trial Court i.e. “t e. “that till the time dispute is not s not solved both the parties shall not use the s the said portion of Khasra No. 2405/ 405/1 to 1725(1-4)”. 8. The aforesaid observation rend n rendered by the learned lower Appellate Co late Court, would falsify the contentio ntention of learned counsel for the petitioner th ner that ‘there is no stay order of t r of the learned lower Appellate RISHU KATARIA 2025.03.21 18:55 I attest to the accuracy and authenticity of this order/judgment. CR-1506-20 2025 -4- Court’. Mor More so, perusal of the zmini orde orders (Annexure P-11 to P-23) passed by th by the learned lower Appellate Court Court shows that now the appeals are at the sta the stage of final arguments. 9. In view of the above and kee nd keeping in view the aforesaid facts and cir nd circumstances of the case, no case o case is made out for issuance of appropriate riate directions to the learned Civi d Civil Judge (Junior Division), Garhshankar hankar to expedite the hearing of Civil f Civil Suit No. 304 of 2022 along with counter ounter claim filed by the petitioner. 10. The instant revision petition, b ion, being devoid of any merit, is sed. dismissed. 2025 12.03.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.03.21 18:55 I attest to the accuracy and authenticity of this order/judgment.