Kulwinder Kaur And Another v. Jagmail Singh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No.3022 of 2024 Date of Decision : 16.05.2024 Kulwinder Kaur and Another ....Petitioners

VERSUS

Jagmail Singh and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Ms. Mona Goyal, Advocate for the petitioners. ALKA SARIN, J. (Oral) 1.

The present revision petition has been filed under Article 227 of the Constitution of India for issuance of a direction to the Trial Court to decide the application filed by the petitioners under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.

2.

Learned counsel for the petitioners states that the suit was filed on 11.05.2021 and since then the application for stay has been pending for consideration. It is further the contention that counsel for the plaintiffpetitioners has always been ready and willing to argue the matter, however, the case has repeatedly been adjourned for arguments/consideration. 3.

A perusal of the zimini orders would reveal that since 31.10.2022 the case has been adjourned on 13 occasions even though defendant-respondent No.1 stands proceeded against ex parte vide order dated 31.05.2021 and the defense of defendant-respondent Nos.2 and 3 has been struck off.

JITENDER KUMAR 2024.05.17 11:44 I attest to the accuracy and integrity of this order/judgment Chandigarh

CR No.3022 of 2024 -24.

In view of the above, the Trial Court concerned is requested to hear the arguments on the application under Order XXXIX Rules 1 and 2 CPC and to pass an order on the same in accordance with the law. The Trial Court is also requested not to grant any unnecessary adjournments. 5.

Disposed off in the above terms. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 16.05.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.05.17 11:44 I attest to the accuracy and integrity of this order/judgment Chandigarh