High Court of Punjab and HaryanaCR/1796/2021disposed of

Raj Rani And Another v. Birmati And Others

2021-09-03Mr. Justice Harminder Singh Madaan2 pages

Civil Revision No. 1796 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Revision No. 1796 of 2021 DATE OF DECISION :- September 03, 2021 Smt. Raj Rani and another

...Petitioners

Versus

Smt. Birmati Devi and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Rajesh Goyal, Advocate for the petitioners. *** The case has been taken up through Video Conferencing. In a suit for permanent injunction filed by plaintiffs Smt. Raj Rani and Smt. Vinita against defendants Smt. Birmati Devi and others they are said to have moved an application under Order 39 Rule 1 & 2 CPC for grant of ad-interim injunction. Notice of the suit and application was given to the defendants and now the service is complete.

The grouse of the plaintiffs, who are revisionists before this Court is that the application for ad-interim injunction is not being decided by the trial Court despite being pressed time and again on behalf of the plaintiffs and taking advantage of that fact the defendants are threatening to alienate the suit property on the basis of general power of attorney, which has since been cancelled by the plaintiffs and in case they are successful in doing so various complications may arise by creation of third party interest in the suit property. Copies of interim orders passed by the trial Court have been attached along with the revision petition which I have perused with assistance of learned counsel for the revisionists. I find that the trial court has been granting frequent adjournments without any justifiable reason. It may be mentioned here that keeping in view the fact that the revisionists are just asking for expeditious disposal of the stay PARVINDER SINGH 2021.09.03 16:05 I attest to the accuracy and integrity of this document

Civil Revision No. 1796 of 2021 application which is right of every litigant, the necessity of issuing notice to the respondents has not been felt. The trial Court is directed to dispose of the application under Order 39 Rule 1 & 2 CPC at the earliest within a period of three weeks from date of receipt of copy of this order in that Court and for that purpose pre-poning of date of hearing is required. The trial Court may do so. The petition stands disposed of accordingly.

(H.S. MADAAN) JUDGE September 03, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2021.09.03 16:05 I attest to the accuracy and integrity of this document