[276] Manmohan Singh Jagmohan Singh Arora Coram : Present: PANKAJ JAIN [1] passed the following order: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4768- Date of Decision : Manmohan Singh versus Jagmohan Singh Arora and others HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Dheeraj Mahajan, Advocate Advocate for the petitioner. None for the respondents. **** PANKAJ JAIN, J. (ORAL) On 22.08.2023 while issuing notice of motion, this Court passed the following order:- “ Learned counsel for the petitioner challenged the sale deed dated 10.01.2018 executed in favour of defendants No.6 to 9; sale deed dated 24.08.2017 in favour No.3 and another sale deed dated 24.08.2017 in favour of defendant No.10, being illegal, null and void and liable to be cancelled, and has sought for permanent injunction. Learned counsel has placed on file a copy of sale deed dated 10.01.201 sale consideration was paid by two cheques. The said cheques were neither received by the plaintiff petitioner nor the same were presented in any bank and were never dishonoured. The said sale deed was executed under threatening circumstances by forcibly kidnapping and manhandling the petitioner. Petitioner has not sought possession of suit property, so he is not liable to pay ad valorem court fee. Reliance is placed on the judgments rendered by this Court in Kapoori and another, 2014(4) PLR 791; Tarun Kumar and others Versus Pankaj Kapoor and others, 2016(5) R.C.R. (Civil) 296 Notice of motion for 11.02.2024. In the meanwhile, operation of impugned order dated 13.07.2023 (Annexure P-5) shall remain stayed. The remaining proceedings may continue.” IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -2023 (O&M) Date of Decision : 30.04.2026 …Petitioner versus ….Respondents PANKAJ JAIN Advocate with Mr. Jasjit Singh Saini, issuing notice of motion, this Court Learned counsel for the petitioner-plaintiff submits that he has challenged the sale deed dated 10.01.2018 executed in favour of defendants No.6 to 9; sale deed dated 24.08.2017 in favour of defendant No.3 and another sale deed dated 24.08.2017 in favour of defendant No.10, being illegal, null and void and liable to be cancelled, and has sought for permanent injunction. Learned counsel has placed on file a copy of sale deed dated 10.01.2018 wherein it has been stated that the sale consideration was paid by two cheques. The said cheques were petitioner nor the same were presented in any bank and were never dishonoured. The said sale deed was hreatening circumstances by forcibly kidnapping and manhandling the petitioner. Petitioner has not sought possession of suit property, so he is not liable to pay ad valorem court fee. Reliance is placed on the judgments rendered by this Court in Rambai Versus Kapoori and another, 2014(4) PLR 791; Tarun Kumar and others Versus Pankaj Kapoor and others, 2016(5) R.C.R. (Civil) 296. Notice of motion for 11.02.2024. In the meanwhile, operation of impugned order dated 5) shall remain stayed. The remaining issuing notice of motion, this Court plaintiff submits that he has challenged the sale deed dated 10.01.2018 executed in favour of of defendant No.3 and another sale deed dated 24.08.2017 in favour of defendant No.10, being illegal, null and void and liable to be cancelled, and has sought for permanent injunction. Learned counsel has placed on file a 8 wherein it has been stated that the sale consideration was paid by two cheques. The said cheques were petitioner nor the same were presented in any bank and were never dishonoured. The said sale deed was hreatening circumstances by forcibly kidnapping and manhandling the petitioner. Petitioner has not sought possession of suit property, so he is not liable to pay ad valorem court fee. Reliance is sus Kapoori and another, 2014(4) PLR 791; Tarun Kumar and others In the meanwhile, operation of impugned order dated 5) shall remain stayed. The remaining RAJNEESH SHARMA 2026.05.01 16:52 I agree to specified portions of this document CR-4768-2023 (O&M) -2- [2] Despite service, none has put in appearance on behalf of the respondents. [3] Counsel for the petitioner submits that the trial has proceeded and the plaintiff has already examined 04 witnesses. [4] Keeping in view the facts and circumstances of the case, the present revision petition is disposed off with the direction to the Trial Court to frame issue with respect to Court fee and proceed with the trial. [5] The issue with respect to Court fee shall be decided at the time of final adjudication of the suit. [6] All pending miscellaneous application(s), if any, stands disposed off. (PANKAJ JAIN) JUDGE 30.04.2026 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No RAJNEESH SHARMA 2026.05.01 16:52 I agree to specified portions of this document