High Court of Punjab and HaryanaCR/3328/2009disposed of

(O&M)M/S Sat Pal And Sons And ORS. v. Chuni Lal And ORS.

2022-12-15Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-3328-2009 (O&M) Date of decision : 15.12.2022 M/s Sat Pal and Sons & Ors.

... Petitioner(s)

Versus

Chuni Lal & Ors.

... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. S.S. Kamboj, Advocate for the petitioners. Mr. Vaibhav Narang, Advocate for the respondents. ALKA SARIN, J. (ORAL) CM-4946-CII-2016 This is an application filed by the applicant-respondents for fixing an actual date of hearing in the main revision petition. Learned counsel for the non-applicant/petitioners states that he has no objection if the present application is allowed and some actual date of hearing is fixed in the main revision petition. In view of the above and for the reasons stated in the application, the same is allowed. With the consent of learned counsel for the parties, the main revision petition is taken on Board today itself. CR-3328-2009 Learned counsel for the respondents, on instructions, states that since there was non-compliance of the order dated 09.10.2018, vide order YOGESH SHARMA 2022.12.16 12:11 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

CR-3328-2009 (O&M) -2dated 10.10.2019 the Executing Court directed warrants of possession to be issued. Subsequently, the premises were vacated by the petitioners on 11.01.2021. Learned counsel for the respondents would further contend that now only the question of the arrears needs to be decided. Learned counsel for the petitioners states that despite repeated attempts, he is unable to contact the petitioners and he has no instructions in the matter.

Learned counsel for the respondents states that the present revision petition may be dismissed as having been rendered infructuous leaving the question of recovery of rent/mesne profits to be adjudicated in appropriate proceedings.

In view of the above, the present revision petition is dismissed as having been rendered infructuous. The question of recovery of rent/mesne profits is left open to be determined in the appropriate proceedings. Pending applications, if any, also stand disposed off. 15.12.2022 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2022.12.16 12:11 I attest to the accuracy and integrity of this order/judgment.

Chandigarh