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High Court of Punjab and HaryanaCR/2081/2020disposed of

Karamjit Kaur v. Raj Bala And Another

2020-10-13Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Revision-2081 of 2020 (O&M) Date of Decision: 13.10.2020 Karamjit Kaur

...Petitioner

Versus

Raj Bala & Anr.

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Ivneet Singh Pabla, Advocate, For the petitioner.

Mr. Harsh Aggarwal, Advocate For the respondents.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) 1.

With the consent of learned counsel for parties, hearing of the main revision petition is pre-poned and taken up for hearing today itself. 2.

Impugned herein are the orders dated 27.05.2020 and 24.06.2020 passed by learned Civil Judge, Kurukshetra and learned Addl. District Judge, Kurukshetra respectively. An application of petitionerdefendant No.1 filed in the suit under Order 39 Rules 1 and 2 CPC has been dismissed and her appeal preferred against the said order has also met with the same fate.

3.

Learned counsel for the respondents, at the outset, strongly objects to the interim relief being sought by the petitioner in the present proceedings on the ground that despite having instituted three independent and substantive proceedings by her vide Civil Suit Nos. 753 and 754 of 2016 and Civil Suit No. 764 of 2017, she preferred not to file any stay application PRADEEP NAUTIYAL 2020.10.13 08:00 I attest to the accuracy and integrity of this document

under Order 39 Rules 1 and 2 CPC as plaintiff in any of her own suits. Instead, she chose to file the same as defendant in the civil suit filed by respondent No.1.

4.

The said fact has not been controverted by learned counsel for the petitioner.

5.

That being the position, no grounds are made out to grant any interim relief in the present proceedings. The petition is disposed of with liberty to the petitioner to file appropriate application in any of her suits, ibid, filed by her, if so advised. In case any such application is filed by the petitioner, the trial Court shall pass appropriate orders thereon as expeditiously as possible after granting opportunity of hearing to the parties concerned, in accordance with law.

6.

Pending applications, if any, stand disposed of. OCTOBER 13, 2020 (ARUN MONGA) Jiten JUDGE PRADEEP NAUTIYAL 2020.10.13 08:00 I attest to the accuracy and integrity of this document