Lakshman Dass Pahuja and Others v. Amir Singh and and Others
Case Details
CR-9527-2025 (O&M) (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR CR-9527-2025 (O&M) Decided on :- 23.12.2025 Decided on : Laxman Dass Pahuja @ Lakshman Dass Pahuja Laxman Dass Pahuja @ Lakshman Dass Pahuja Laxman Dass Pahuja @ Lakshman Dass Pahuja and Others ....Petitioners VERSUS Amir Singh and and Others ....Respondents
Legal Reasoning
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Dhruv Mittal Mr. Dhruv Mittal, Advocate for the petitioner Advocate for the petitioners. MANDEEP PANNU J (Oral). MANDEEP PANNU -.- 1. The present civil revision petition under Article 227 of the The present civil revision petition under Article 227 of the The present civil revision petition under Article 227 of the The present civil revision petition under Article 227 of the defendants challenging the Constitution of India has been filed by the petitioners–defendants challenging the Constitution of India has been filed by the petitioners Constitution of India has been filed by the petitioners inaction and prolonged adjournments by the learned Civil Judge (Junior Division), inaction and prolonged adjournments by the learned Civil Judge (Junior Division), inaction and prolonged adjournments by the learned Civil Judge (Junior Division), inaction and prolonged adjournments by the learned Civil Judge (Junior Division), Gurugram, in Civil Suit No. CS-164-2022 titled Gurugram, in Civil Suit No. CS Amir Singh vs. Estate Officer, 2022 titled ‘Amir Singh vs. Estate Officer, , and seeking a direction for expeditious HUDA, Sector-38, Gurugram’, and seeking a direction for expeditious , and seeking a direction for expeditious HUDA, Sector adjudication of the application filed by the petitioners under Order 7 Rule 11 CPC. adjudication of the application filed by the petitioners under Order 7 Rule 11 CPC. adjudication of the application filed by the petitioners under Order 7 Rule 11 CPC. adjudication of the application filed by the petitioners under Order 7 Rule 11 CPC. 2. an application under It is not in dispute that the petitioners had filed an application under It is not in dispute that the petitioners had filed It is not in dispute that the petitioners had filed Order 7 Rule 11 CPC as far back as in the year 2022, seeking rejection of the Order 7 Rule 11 CPC as far back as in the year 2022, seeking rejection of the Order 7 Rule 11 CPC as far back as in the year 2022, seeking rejection of the Order 7 Rule 11 CPC as far back as in the year 2022, seeking rejection of the plaint. Despite the fact that pleadings stand completed and the said application has plaint. Despite the fact that pleadings stand completed and the said application has plaint. Despite the fact that pleadings stand completed and the said application has plaint. Despite the fact that pleadings stand completed and the said application has decided the been pending for more than three years, the learned Trial Court has not decided the been pending for more than three years, the learned Trial Court has not been pending for more than three years, the learned Trial Court has not same till date and the matter continues to be adjourned from time to time. Such same till date and the matter continues to be adjourned from time to time. Such same till date and the matter continues to be adjourned from time to time. Such same till date and the matter continues to be adjourned from time to time. Such prolonged pendency of a preliminary application, which goes to the very root of prolonged pendency of a preliminary application, which goes to the very root of prolonged pendency of a preliminary application, which goes to the very root of prolonged pendency of a preliminary application, which goes to the very root of the maintainability of the suit, defeats the object of expeditious disposal and causes the maintainability of the suit, defeats the object of expeditious disposal and cau the maintainability of the suit, defeats the object of expeditious disposal and cau the maintainability of the suit, defeats the object of expeditious disposal and cau avoidable prejudice to the parties. avoidable prejudice to the parties. TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document CR-9527-2025 (O&M) (O&M) -2- - 3. In view of the limited grievance raised and without expressing any In view of the limited grievance raised and without expressing any In view of the limited grievance raised and without expressing any In view of the limited grievance raised and without expressing any opinion on the merits of the controversy involved between the parties, this Court is opinion on the merits of the controversy involved between the parties, this Court is opinion on the merits of the controversy involved between the parties, this Court is opinion on the merits of the controversy involved between the parties, this Court is le 11 CPC deserves to of the considered view that the application under Order 7 Rule 11 CPC deserves to of the considered view that the application under Order 7 Ru of the considered view that the application under Order 7 Ru be decided at the earliest by the learned Trial Court. be decided at the earliest by the learned Trial Court. be decided at the earliest by the learned Trial Court. 4.
Decision
Consequently, the present civil revision petition is disposed of with a Consequently, the present civil revision petition is disposed of with a Consequently, the present civil revision petition is disposed of with a Consequently, the present civil revision petition is disposed of with a direction to the learned Civil Judge (Junior Division), Gurugram, to decide the direction to the learned Civil Judge (Junior Division), Gurugram, to decide the direction to the learned Civil Judge (Junior Division), Gurugram, to decide the direction to the learned Civil Judge (Junior Division), Gurugram, to decide the e petitioners under Order 7 Rule 11 CPC expeditiously, application filed by the petitioners under Order 7 Rule 11 CPC expeditiously, e petitioners under Order 7 Rule 11 CPC expeditiously, application filed by th preferably within a period of one month from the date of receipt of a certified copy preferably within a period of one month from the date of receipt of a certified copy preferably within a period of one month from the date of receipt of a certified copy preferably within a period of one month from the date of receipt of a certified copy of this order, in accordance with law. of this order, in accordance with law. 5. It is clarified that this Court has not examined the merits of the It is clarified that this Court has not examined the merits of the It is clarified that this Court has not examined the merits of the It is clarified that this Court has not examined the merits of the ation or the suit, and all contentions of the parties are left open to be raised application or the suit, and all contentions of the parties are left open to be raised ation or the suit, and all contentions of the parties are left open to be raised ation or the suit, and all contentions of the parties are left open to be raised before the learned Trial Court. before the learned Trial Court. 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 December 23, 2025 tripti ( (MANDEEP PANNU) JUDGE speaking : Speaking Whether speaking/non-speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document