Mukesh Kumar v. Vijay And ANR
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: 04 Mukesh Kumar
...Petitioner
Versus
Vijay and another .... Respondents
CORAM:
HON'BLE MR. JUSTICE
Present:
Ms. Neha Jain, Advocate, for the petitioner.
****
, J. (Oral) 1.
The present revision petition has been filed under Article 227 of the Constitution of India seeking a direction to the learned Civil Judge (Junior Division), Panchkula, to expedite the disposal of Civil Suit No.406 of 2022 titled Mukesh Kumar vs. Vijay and another (Annexure P-5), which has been pending since 2022, as well as the application filed under Order VI Rule 17 CPC for amendment of the written statement. 2.
The brief facts of the case are that the petitioner-Mukesh Kumar filed a suit for declaration to the effect that he is the absolute owner of the suit property and also sought a decree of permanent injunction against the respondents-Vijay and another. Notice of the said suit was issued to the respondents, who contested the same by filing their written statement. Issues were framed, and thereafter, the case was fixed for evidence of the parties. During the pendency of the petitioner's evidence, the respondent moved an application under Order VI Rule 17 CPC read
with Section 151 CPC for amendment of the written statement on 26.05.2025. Notice of the said application was issued to the petitioner, who filed a reply thereto on 13.08.2025. Thereafter, as per the interim orders placed on record, the case has been adjourned on numerous occasions for arguments on the aforesaid application; however, till date, the said application has not been decided.
3.
Learned counsel for the petitioner contends that the respondents are prolonging the proceedings on one pretext or the other; as such, a direction may be issued to the learned Civil Judge (Junior Division), Panchkula, to decide the application filed under Order VI Rule 17 CPC read with Section 151 CPC expeditiously, as well as to proceed with and conclude the trial of the main suit within a stipulated time frame. 4.
Considering the limited nature of relief sought, issuance of notice to the respondents is dispensed with, as the same would only result in further delay in the proceedings.
5.
I have heard learned counsel for the petitioner and have perused the paper book.
6.
Keeping in view the submissions made by learned counsel for the petitioner, without commenting on the merits of the case, and in light of the interim orders placed on record, it appears that the learned Civil Judge (Junior Division), Panchkula, has been proceeding at a snail's pace and has not decided the said application for more than six months. Accordingly, the present revision petition is disposed of with a direction to the learned Civil Judge (Junior Division), Panchkula, to decide the application filed
under Order VI Rules 17 read with Section 151 CPC and also the civil suit as expeditiously as possible.
7.
Pending applications, if any, shall stand disposed of. 8.
Registry is directed to send a copy of this order forthwith to the learned Civil Judge (Junior Division), Panchkula, for strict compliance.
Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No