Jinesh Jain v. and Others Jinender Jain and Others
Case Details
CR-6692-2025 (O& (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA OF PUNJAB AND HARYANA IN THE HIGH AT CHANDIGARH AT CHANDIGARH -.- CR-6692-2025 (O&M) CR Decided on :- 22.09.2025 Decided on : Jinesh Jain ....Petitioner VERSUS and Others Jinender Jain and Others ....Respondents
Legal Reasoning
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Mr. Shubham Kaushik, Advocate for the petitioner , Advocate for the petitioner. MANDEEP PANNU J. MANDEEP PANNU -.- 1. This civil revision petition has been filed under Article 227 of the This civil revision petition has been filed under Article 227 of the This civil revision petition has been filed under Article 227 of the This civil revision petition has been filed under Article 227 of the Constitution of India praying for issuance of necessary directions to the Court of Constitution of India praying for issuance of necessary directions to the Court of Constitution of India praying for issuance of necessary directions to the Court of Constitution of India praying for issuance of necessary directions to the Court of learned Additional District Judge, Ludhiana, to expedite the proceedings in the learned Additional District Judge, Ludhiana, to expedite the proceedings in the learned Additional District Judge, Ludhiana, to expedite the proceedings in the learned Additional District Judge, Ludhiana, to expedite the proceedings in the probate case titled as “Jinendra Jain versus General Public and others probate case titled and to Jinendra Jain versus General Public and others” and to bound manner in the peculiar facts and decide the same within a time-bound manner in the peculiar facts and bound manner in the peculiar facts and decide the same within a time circumstances of the case. circumstances of the case. 2. Learned counsel for the petitioner submits that the probate petition Learned counsel for the petitioner submits that the probate petition Learned counsel for the petitioner submits that the probate petition Learned counsel for the petitioner submits that the probate petition but despite the lapse of over five years, the was instituted in the year 2020, but despite the lapse of over five years, the but despite the lapse of over five years, the was instituted in the year 2020, proceedings have not reached any effective stage and even the issues are yet to be proceedings have not reached any effective stage and even the issues are yet to be proceedings have not reached any effective stage and even the issues are yet to be proceedings have not reached any effective stage and even the issues are yet to be framed. It is pointed out that during the pendency of the probate petition, the framed. It is pointed out that during the pendency of the probate petition, the framed. It is pointed out that during the pendency of the probate petition, the framed. It is pointed out that during the pendency of the probate petition, the e proceeds of his share in the estate of petitioner stands restrained from realising the proceeds of his share in the estate of e proceeds of his share in the estate of petitioner stands restrained from realising th his deceased father. It is further submitted that the matter remained adjourned on his deceased father. It is further submitted that the matter remained adjourned on his deceased father. It is further submitted that the matter remained adjourned on his deceased father. It is further submitted that the matter remained adjourned on account of the pendency of an application under Order VI Rule 17 CPC, which account of the pendency of an application under Order VI Rule 17 CPC, which account of the pendency of an application under Order VI Rule 17 CPC, which account of the pendency of an application under Order VI Rule 17 CPC, which om the year 2022 till remained under consideration before the learned Court from the year 2022 till remained under consideration before the learned Court fr remained under consideration before the learned Court fr TRIPTI SAINI 2025.09.23 09:47 I attest to the accuracy and integrity of this document CR-6692-2025 (O& (O&M) -2- - 2025. Because of this prolonged pendency, no substantial progress has been 2025. Because of this prolonged pendency, no substantial progress has been 2025. Because of this prolonged pendency, no substantial progress has been 2025. Because of this prolonged pendency, no substantial progress has been achieved in the probate petition despite more than thirty hearings. achieved in the probate petition despite more than thirty hearings. achieved in the probate petition despite more than thirty hearings. 3. I have considered the matter carefully. The record clearly reflects that I have considered the matter carefully. The record clearly reflects that I have considered the matter carefully. The record clearly reflects that I have considered the matter carefully. The record clearly reflects that tition has remained pending since 2020 and that an application under the probate petition has remained pending since 2020 and that an application under tition has remained pending since 2020 and that an application under tition has remained pending since 2020 and that an application under Order VI Rule 17 CPC consumed the time of the Court from 2022 till 2025, Order VI Rule 17 CPC consumed the time of the Court from 2022 till 2025, Order VI Rule 17 CPC consumed the time of the Court from 2022 till 2025, Order VI Rule 17 CPC consumed the time of the Court from 2022 till 2025, resulting in repeated adjournments. In these circumstances, it is deemed resulting in repeated adjournments. In these circumstances, it is deemed resulting in repeated adjournments. In these circumstances, it is deemed resulting in repeated adjournments. In these circumstances, it is deemed tition be taken up on priority and proceeded appropriate to direct that the probate petition be taken up on priority and proceeded tition be taken up on priority and proceeded appropriate to direct that the probate pe with expeditiously. with expeditiously. 4. Accordingly, the learned Additional District Judge, Ludhiana, is Accordingly, the learned Additional District Judge, Ludhiana, is Accordingly, the learned Additional District Judge, Ludhiana, is Accordingly, the learned Additional District Judge, Ludhiana, is requested to make every endeavour to dispose of the probate petition titled as requested to make every endeavour to dispose of the probate petition titled requested to make every endeavour to dispose of the probate petition titled requested to make every endeavour to dispose of the probate petition titled Jinendra Jain versus General Public and others “Jinendra Jain versus General Public and o as expeditiously as possible and thers” as expeditiously as possible and preferably within a period of six months from the date of receipt of a certified copy preferably within a period of six months from the date of receipt of a certified copy preferably within a period of six months from the date of receipt of a certified copy preferably within a period of six months from the date of receipt of a certified copy of this order. 5. With these observations, the present civil revision petition stands With these observations, the present civil revision petition stands With these observations, the present civil revision petition stands With these observations, the present civil revision petition stands
Decision
disposed of. 6. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. 2025 September 22, 2025 tripti (MANDEEP PANNU) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non /No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.09.23 09:47 I attest to the accuracy and integrity of this document