Pawan Kumar Goel v. Baljit Kaur

CR-4826-2025 (O&M)
  Sr. No.143 

IN THE HIGH COURT OF PUNJAB AND HARYANA 

AT CHANDIGARH CR-4826-2025 (O&M)  Date of decision: 22nd September 2025 PAWAN KUMAR GOEL ........Petitioner versus BALJIT KAUR .......Respondent CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. K.P. Singh, Advocate  for the petitioner.

HARPREET KAUR JEEWAN, J. (ORAL)  1.

The present Civil Revision has been filed under Article 227 of the Constitution of India for issuance of appropriate directions to the learned trial Court to comply with Order XVII Rule 1 CPC and close the evidence of the respondent-plaintiff. 2.

Learned counsel for the petitioner submits that the respondentplaintiff filed a civil suit for permanent injunction (Annexure P-1) against the petitioner on 03.05.2021. The said suit is being contested by the petitioner. Written statement was filed and issues were framed way back on 16.12.2021. Thereafter, the case is being adjourned from time to time as per the various orders passed by the trial Court (Annexure P-2). The evidence of the respondent-plaintiff is not concluded.

3.

In view of the facts and circumstances of the present case and in view of the innocuous prayer made by the learned counsel for the petitioner, issuance of notice to the respondent is dispensed with. 4.

I have heard learned counsel for the petitioner and perused the paper book.

SIMRANDEEP KAUR 2025.09.24 17:55 I attest to the accuracy and integrity of this document 

CR-4826-2025 (O&M)   5.

As per the report received from the Court of Civil Judge (Junior Division), Amritsar, the original file has been requisitioned by the Court of learned Additional District and Sessions Judge, Amritsar in CMA-38-2022. 6.

A perusal of Annexure P-2 indicates that the trial Court has passed various orders adjourning the matter on the ground that the original file has been requisitioned by the First Appellate Court. Such orders were passed on 17.11.2023, 19.01.2024, 08.04.2024, 17.05.2024, 25.04.2025 and 17.05.2025.

7.

Learned counsel for the petitioner informs that the application filed on behalf of the respondent-plaintiff under Order XXXIX Rule 1 and 2 CPC was dismissed vide order dated 16.12.2021, which has been challenged by the respondent-plaintiff by way of filing Civil Miscellaneous Appeal. However, the file is being withheld by the First Appellate Court, as such, the proceedings are not continuing.

8.

Keeping in view the facts and circumstances of the case, the present Civil Revision is disposed of with a direction to the Court of Ms. Monica Sharma, Additional District and Sessions Judge, Amritsar, not to withhold the file of the trial Court. The said file be requisitioned only a day before the date fixed by the Appellate Court in CMA-38-2022. The trial Court is also directed to expedite the proceedings in the said civil case. 9.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 22nd September 2025 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2025.09.24 17:55 I attest to the accuracy and integrity of this document