Gurudwara Shri Guru Hargobind Sahib (Regd.) v. Ashok Kumar @ Angrej And Others

2023:PHHC:137195 CR-5677-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.137 CR-5677-2023 Date of Decision: 20.10.2023 GURUDWARA SHRI GURU HARGOBIND SAHIB (REGD.) ....Petitioner

Versus

ASHOK KUMAR @ ANGREJ AND OTHERS .....Respondents

CORAM:

HON'BLE MRS JUSTICE ARCHANA PURI Present:- Mr. Sukhmeet Singh, Advocate for the petitioner.

Mr. Yadwinder Singh Bhangu, Assistant Advocate General, Punjab.

***** ARCHANA PURI, J. (Oral) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, for issuance of direction to learned Trial Court, to decide the application filed by the petitioner under Order 39 Rule 1 and 2 CPC along with Civil Suit No. 9451 of 2023 titled "Gurudwara Shri Guru Hargobind Sahib (Regd.) v/s Ashok Kumar @ Angrej and others". It is submitted by learned counsel for the petitioner that the petitioner had filed a suit for permanent injunction against the respondents/defendants, to restrain them from opening the barber shop and meat shop, in the area of Gurudwara Sahib.

Learned counsel further submits that despite the case having filed on 14.07.2023, the Court below is giving long adjournments. Now, the case has been fixed for filing of written statement for 01.11.2023. Learned counsel has drawn the attention of the Court to the zimini orders, passed by this Court, which are Annexures P-3 and P-4.

SONU 2023.10.20 14:56 I attest to the accuracy and authenticity of this document

2023:PHHC:137195 CR-5677-2023 Perusal of the same reveals that the case was firstly dealt by the Court on 14.07.2023 and notice was ordered to be issued to the defendants (respondents herein) for 18.08.2023. On 18.08.2023, defendant No.3 had made appearance through counsel and notice was ordered to be issued qua defendants No.1 and 2 and case was adjourned further for 28.09.2023. Though, the order dated 28.09.2023 has not been placed on record, but however, learned counsel submits that the case is now adjourned for 01.11.2023, for filing of written statement by the defendants. Certainly, as pointed out by learned counsel for the petitioner, adjournment so granted is of long duration, more particularly, when an application for interim protection has also been filed along with the suit. In the given circumstances, learned Lower Court is hereby requested to make an attempt for the expeditious disposal of the application under Order 39 Rule 1 and 2 CPC, after filing of the written statement at the earliest.

Accordingly, the instant revision petition stands disposed of. (ARCHANA PURI) 20.10.2023 JUDGE Sonu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2023.10.20 14:56 I attest to the accuracy and authenticity of this document