Balbir Singh & ANR. v. Amrit Sagar Mittal & ORS.

CR No.4129 of 2016 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.4129 of 2016 Date of decision:09.12.2016 Balbir Singh and another ... Petitioners Vs.

Amrit Sagar Mittal and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Ashish Aggarwal, Senior Advocate with Mr. Kartik Gupta, Advocate for the petitioners.

Mr. Akshay Bhan, Senior Advocate with Mr. Alok Mittal, Advocate for the respondents.

AMIT RAWAL J. (Oral) Conceded position on record as reflected in the notice of motion order dated 17.06.2016 and today is that revision petition bearing No.RR-26 of 2016 titled as Balbir Singh and another vs. Sadhu Singh and others, is pending before the Revisional Court, i.e., Commissioner (Appeals) Jalandhar Division, Jalandhar, in which the following order has been passed:- "It has been stated that lower court in a hurriedly manner has not called the co-sharers/interested parties in the partition. Vide order dated 17.06.2016 of the Honourable Punjab and Haryana High Court has issued orders for expediting the partition proceedings within period of two months. In the interest of justice, it is decided that all the co-sharers (1 to 18) Savita 2016.12.13 10:05 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.4129 of 2016 {2} be issued notice through registered A.D. so that nothing is left to join. The orders be complied. Since the Honourable Punjab and Haryana High Court has already issued status quo in the matter as such, the status quo should be maintained. Record of the lower courts be summoned. Case be come up on 31.08.2016."

Since the parties have agreed that interim order passed by this Court on 17th June, 2016 be maintained till disposal of the aforementioned revision petition, I deem it appropriate to dispose of the present revision petition with a direction to the Commissioner (Appeals) Jalandhar Division, Jalandhar to decide the revision petition aforementioned as expeditiously as possible preferably within a period of one month from the date of receipt of a certified copy of this order as there is already direction and in the meantime, following status quo order dated 17.06.2016 shall continue:- "In the meantime, the respondents are restrained from changing the nature of the land till the finalization of partition proceedings and the revisional court is directed to dispose of the revision petition as expeditiously as possible and preferably within a period of two months."

With the aforementioned observations, the revision petition stands disposed of.

December 09, 2016 (AMIT RAWAL) savita JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2016.12.13 10:05 I attest to the accuracy and integrity of this document High Court Chandigarh