Usha v. Kailash Chand And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR No.3070 of 2015 (O&M) Date of decision: 7.5.2015 Smt. Usha ..... Appellant

Versus

Kailash Chand Gupta and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Karanvir Singh Khehar, Advocate, for Mr. Dhawal P.S. Alhuwalia, Advocate for the appellant. RAJESH BINDAL, J The grievance of the petitioner, who is claiming herself to be 74 years of age is that the appeals filed by two sets of co-sharers in a property to the extent of 16% share are pending for the last more than three years. The appeals have been filed against the preliminary decree passed by the trial court on 10.10.2012. Another grievance is that though two appeals have been filed impugning the same preliminary decree but still these are pending in the same court but on different dates of hearing, namely, appeal filed by K.C. Gupta is pending for 25.5.2015, whereas, another appeal filed by S.C. Bhalla, is pending for 17.7.2015.

Learned counsel for the petitioner submitted that in both the appeals service is complete and only arguments are to be addressed. After hearing learned counsel for the petitioner and finding that the petitioner is 74 years of age and the appeals are pending before the Learned Lower Appellate court for the last more than three years, it is directed that the same be disposed of within three months from the next date fixed in the appeal filed by S.C. Bhalla, i.e. on 17.7.2015. The appeal filed by K.C. Gupta, impugning the same preliminary decree passed by the trial court, which is pending for 25.5.2015 shall be taken up along with the appeal filed by S.C. Bhalla on 17.7.2015 and thereafter both the appeals shall be taken up together.

The petition stands disposed of.

(RAJESH BINDAL) JUDGE 7.5.2015 sharmila SHARMILA 2015.05.11 12:36 I attest to the accuracy and authenticity of this document.

Chandigarh