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High Court of Punjab and HaryanaCRM-M/7148/2020dismissed

Arjun Singh v. State Of Punjab And Others

2023-07-18Mr. Justice Harnaresh Singh Gill2 pages

2023:PHHC:090953

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-7148-2020 (O&M) Date of Decision: 18.07.2023 ARJUN SINGH ... Petitioner

Versus

STATE OF PUNJAB AND ORS ... Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Kamal Narula, Advocate for the petitioner.

Mr. Hakam Singh, AAG Punjab.

**** HARNARESH SINGH GILL, J.(Oral) Prayer in the present petition is for directing respondents No. 2 and 3, not to harass the petitioner at the instance of respondent No.4Baljit Singh. Learned counsel for the petitioner submits that respondent No.4 has earlier moved an application against the petitioner, which was filed; that, thereafter, again on the similar facts another application was moved, whereupon the Superintendent of Police (Local) Fazilka has summoned the petitioner, though the matter was of civil nature. He further submits that the agreement to sell dated 07.09.2018 was executed by the petitioner with respondent No. 4, who have received Rs.7 lakhs as earnest money; that the date of registration of the sale deed was fixed as 07.01.2019 and that respondent No.4 did not appear to execute the sale deed. Still further, it is submitted that the petitioner filed a suit for specific performance against respondent No. 4 and another. AMAN JAIN 2023.07.20 09:52 I attest to the accuracy and integrity of this document

CRM-M-7148-2020 (O&M) -2Learned State counsel submits that since the dispute between the parties is civil in nature and qua that a civil suit is already pending adjudication before the competent Court, the present petition is not maintainable.

I have heard the learned counsel for the parties. On the application moved by respondent No.4, an inquiry was conducted and accordingly, the same was filed. Qua the agreement to sell in question, a civil suit is already pending adjudication. In view of the above, no further orders are called for. Dismissed.

18.07.2023 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2023.07.20 09:52 I attest to the accuracy and integrity of this document