Resham Singh v. Rajbinder Kaur

CR-687-2024 (O&M) -1- 2024:PHHC:040636

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 133+145 CR-687-2024 (O&M) Date of decision:20.03.2024 Resham Singh ... Petitioner Vs.

Rajbinder Kaur ... Respondent

CORAM:

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

Present:

Mr. GPS Bal, Advocate and Ms. Anu Malika, Advocate for the petitioner.

...

SUKHVINDER KAUR, J.

1.

Instant revision petition has been filed by the petitioner/husband against the order dated 04.03.2021 (Annexure P-1) passed by the Civil Judge (Sr. Division), Sri Muktsar Sahib and order dated 06.05.2021 consequent order of extension of the said interim order vide which the defendant has been restrained from alienating his land measuring 111 kanal 11 1⁄2 marla. 2.

Brief facts relevant for adjudication of the present revision petition are that the respondent/wife of the petitioner filed an application/suit under Order 33 Rule 1 CPC for grant of maintenance allowance at the rate of Rs.1 lakh per month and recovery of arrears from June 2020 till date and also future maintenance amounting to Rs.80 lakhs for necessities of life, medical expenses etc. Along with the suit, an application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC for grant of interim stay was also filed. Then vide the impugned order dated 04.03.2021 (Annexure P-1), the trial Court observed that purpose of filing the present suit will be vitiated if ad interim injunction is not granted in favour of the plaintiff. Accordingly, HARJEET KAUR 2024.03.22 18:21 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CR-687-2024 (O&M) -2- 2024:PHHC:040636 the defendant was restrained from alienating the land measuring 111 kanals 111⁄2 marlas detailed in the head note of the plaint till the next date of hearing. Then vide order dated 06.05.2021 (Annexure P-2), the stay so granted was extended. Aggrieved of the said orders, the revision petitioner/husband has knocked the doors of this Court by way of filing of the present revision petition.

4.

Learned counsel for the petitioner has submitted that the aforesaid application filed under Order 39 Rule 1 & 2 CPC read with Section 151 CPC is pending before the trial Court. He has also moved another application for leaving certain khasra numbers from attachment, which is also pending disposal and that he will be satisfied if a direction is issued to the trial Court to dispose of both these applications in a time bound manner. 5.

So, keeping it in view, the trial Court is directed to dispose of both these applications as per law, within a period of one month from the date of receipt of a copy of this order, after affording opportunity of hearing to both the parties.

6.

Revision petition is disposed of in the aforesaid terms. 7.

All pending applications, if any, also stand disposed of accordingly.

( SUKHVINDER KAUR ) JUDGE 20.03.2024 harjeet

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No HARJEET KAUR 2024.03.22 18:21 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH