Priya Bhalla v. Kanchan Bala & ORS.

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 5849 of 2015 Date of Decision: 14.03.2016 Priya Bhalla ... Petitioner(s)

Versus

Kanchan Bala and Others ... Respondent(s)

CORAM:

Hon'ble Mr. Justice Shekher Dhawan.

1.

Whether reporters of local newspapers may be allowed to see judgment?

Yes To be referred to reporters or not?

Whether the judgment should be reported in the Digest?

Yes

Present:

Mr. M.S.Atwal, Advocate for the petitioner(s).

Mr. Rinnypal Singh Cheema, Advocate for the respondent(s).

Shekher Dhawan, J.

Present petition under Article 226/227 of the Constitution for issuance of directions to the Court below to decide Civil Suit No. 626 of 2013 in a time bound manner without entertaining any unnecessary adjournments as plaintiff is 70 years old senior citizen. Learned counsel for the petitioner mainly submitted that suit is pending since 2013 before the Court below and defendant is delaying the matter on one pretext or the other and as such direction be issued to the Court below to decide the civil suit without giving any unnecessary adjournments.

DEEPAK KUMAR BHARDWAJ 2016.03.22 14:24 I attest to the accuracy and integrity of this document

Civil Revision No. 5849 of 2015 Learned counsel for the respondents submitted that the Court below is already taking up the matter in accordance with law and there is no reason for issuance of any specific direction in this respect. Having considered facts of the case and perusal of order dated 18.10.2014 passed by the Court below, whereby plaintiff's evidence was concluded, the suit was filed in the year 2013 and case was fixed for defendants' evidence for 2.12.2014, 8.1.2015 and 12.2.2015.

That way, it cannot be said that the Court below is not dealing with the matter in expeditious manner. It has also to be seen that the Court is to decide the matter in accordance with law. General directions have already been issued by this Court to decide all the matters expeditiously wherein special care is to be taken for deciding the matter of senior citizens and there is no ground or reason to pass any specific order in this case on the present petition. Keeping in view the fact that civil suit is of 2013 and the Court below has already recorded the evidence of both the parties and as such, present petition is without any merit and the same stands dismissed. However, it is expected that the Court below shall be conscious to decide the civil suit expeditiously and as per instructions already issued by this Court to dispose of the matter of senior citizens on priority basis.

(Shekher Dhawan) Judge March 14, 2016 "DK"

DEEPAK KUMAR BHARDWAJ 2016.03.22 14:24 I attest to the accuracy and integrity of this document