Tarsem Singh And ANR v. Sukhwinder Singh And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CR No. 3325 of 2022 Date of decision : 22.8.2022 Tarsem Singh and another ......Petitioners Vs.

Sukhwinder Singh and others ......Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. P.S. Hundal, Advocate, for the petitioner --- TRIBHUVAN DAHIYA , J. (Oral) This revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 29.7.2022, passed by the trial Court, declining the plaintiff's application filed under Order 39 Rule 1 and 2 CPC, for grant of ad-interim injunction and for restraining the defendants/ respondents No.1 and 2 from creating interference in possession of the petitioners in the suit property.

A perusal of the impugned order passed by the trial Court shows that the petitioners' application has been declined without considering relevant factors required to decide the application under Order 39 Rule 1 and 2 CPC and without assigning any reason at all. It is a cryptic order. In view of the above, the impugned order is set aside to the extent it dismisses the application for grant of ad-interim injunction filed by the petitioner. The trial Court is directed to consider and decide the application by passing a speaking order, on the next date.

In view of the nature of direction issued, no notice is being issued to the respondent.

(TRIBHUVAN DAHIYA) JUDGE 22.8.2022 Ashwani Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No ASHWANI KUMAR 2022.08.24 10:18 I attest to the accuracy and integrity of this document