Shalini Agarwal v. Resident Welfare Association And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CR No.3441 of 2024 Date of Decision: 30.05.2024 Shalini Agarwal .....Revisionist-Petitioner.

Versus

Resident Welfare Association, Palwal and others .....Respondents.

CORAM:

HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Akshay Bhan, Senior Advocate with Mr. Aman Bansal, Advocate for the revisionist-petitioner.

MEENAKSHI I. MEHTA, J. (Oral) By filing the instant revision-petition under Article 227 of the Constitution of India, the petitioner-plaintiff (here-in-after to be referred as 'the plaintiff') has laid challenge to the orders (Annexures P-8 & P-9) handed down by learned Civil Judge (Junior Division), Palwal (for short 'the trial Court') on 22.04.2024 and 29.04.2024 respectively, in Civil Suit No.474 of 2024 titled as 'Shalini Agarwal Vs. Residents Welfare Association & others', whereby her prayer for the grant of relief of ad-interim injunction has been declined without deciding the application, Annexure P-5, moved by her under Order 39 Rules 1 & 2 read with Section 151 CPC. 2.

I have heard learned Senior counsel for the petitioner-plaintiff, at the preliminary stage, in the present revision-petition and have gone through the file carefully.

NEETU RANI 2024.06.03 15:05 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD

CR No.3441 of 2024 -23. A bare perusal of both the above-mentioned impugned orders, i.e Annexures P-8 & P-9, makes it explicit that the afore-referred application is still pending adjudication. In these circumstances, this Court is of the considered opinion that it would be in the fitness of the things and the interest of justice will also be best served if the trial Court is directed to decide the above-said application on merits, at the earliest possible. 4.

Resultantly, without issuing notice to the respondents-defendants so as to avoid any further delay in the adjudication of the afore-mentioned application and also to avert the expenses that they (defendants) may have to incur to defend in the instant petition and without commenting or expressing any opinion on the merits of the above-referred application (Annexure P-5) as well as the Civil Suit, the revision-petition in hand is, hereby, disposed of with direction to the concerned trial Court to decide the application under reference, in accordance with law, preferably up to 18.07.2024. 5.

It is also clarified here that in the eventuality of the respondentsdefendants feeling aggrieved by this order, they shall be at liberty to move the appropriate application to contest the present revision-petition. (MEENAKSHI I. MEHTA) May 30, 2024 JUDGE Yag Dutt Whether speaking/reasoned:

Yes Whether Reportable:

No NEETU RANI 2024.06.03 15:05 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD