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2025 DAILYLAW 31379 (PNJ)

VINOD KUMAR SHUKLA v. SUSHILA GUPTA AND OTHERS

RSA/2407/2019 · 2025-04-28

Nidhi Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

RSA-2407- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 240 Vinod Kumar Shukla Sushila Gupta CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) judgment and decree dated District Judge plaintiffs/respondents No. 1 to 4 judgment and decree dated (Junior Division), submits that the present second appeal has been rendered infructuous and may be disposed of as such as proceedings, possession of the suit respondents. that vide order dated 05.07.2023, a co issuing notice of motion in the present appeal directed the parties to maintain status quo -2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Vinod Kumar Shukla Versus Sushila Gupta and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None for the appellant. Mr. Divyansh Vats, Advocate for Mr. NK Bansal, Advocate for the respondents. NIDHI GUPTA, J. (ORAL) The defendant-appellant is in second appeal against the judgment and decree dated 13.12.2018 passed by the learned Additional District Judge, SAS Nagar (Mohali), vide which the appeal filed by the plaintiffs/respondents No. 1 to 4 herein judgment and decree dated 11.12.2014, passed by the learned nior Division), Kharar. At the very outset, learned counsel for the respondents submits that the present second appeal has been rendered infructuous and may be disposed of as such as, during the course of execution proceedings, possession of the suit property respondents. When it is pointed out to learned counsel for the respondents that vide order dated 05.07.2023, a co-ordinate Be issuing notice of motion in the present appeal directed the parties to status quo regarding possession IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-2407-2019 (O&M) Date of Decision: 28.04.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Divyansh Vats, Advocate for Mr. NK Bansal, Advocate for the respondents. in second appeal against the passed by the learned Additional , vide which the appeal filed by the herein was allowed reversing the , passed by the learned Civil Judge At the very outset, learned counsel for the respondents submits that the present second appeal has been rendered infructuous and during the course of execution property has been given to the When it is pointed out to learned counsel for the respondents ordinate Bench of this Court while issuing notice of motion in the present appeal directed the parties to regarding possession; learned counsel for the in second appeal against the passed by the learned Additional , vide which the appeal filed by the was allowed reversing the Civil Judge At the very outset, learned counsel for the respondents submits that the present second appeal has been rendered infructuous and during the course of execution has been given to the When it is pointed out to learned counsel for the respondents nch of this Court while issuing notice of motion in the present appeal directed the parties to learned counsel for the RISHU KATARIA 2025.05.01 10:16 I attest to the accuracy and authenticity of this order/judgment. RSA-2407- respondents submits that same was not ordered to be continued on the next date of hearing i.e. 30.05.2024, accordingly in execution proceedings, the possession of the suit property has been given to the respondents. been duly informed about the date fixed. However, there is no representation on behalf of the appellant, despite the case having been called twice. instant regular second appeal is infructuous appellant to move an appropriate application within a period of 0 from today for reviving the same, if so, advised. 28.04.2025 rishu -2019 (O&M) -2- respondents submits that ‘it was only till the next date of hearing’ same was not ordered to be continued on the next date of hearing i.e. 30.05.2024, accordingly in execution proceedings, the possession of the suit property has been given to the respondents. As per office report, learned counsel for the appellan been duly informed about the date fixed. However, there is no representation on behalf of the appellant, despite the case having been called twice. Be that as it may, in view of the foregoing circumstances, the instant regular second appeal is disposed of infructuous. However, in case anything survives, appellant to move an appropriate application within a period of 0 from today for reviving the same, if so, advised. Pending application(s), if any, shall stands disposed of. .2025 Whether speaking/reasoned Whether Reportable ‘it was only till the next date of hearing’ and the same was not ordered to be continued on the next date of hearing i.e. 30.05.2024, accordingly in execution proceedings, the possession of the suit property has been given to the respondents. As per office report, learned counsel for the appellant has been duly informed about the date fixed. However, there is no representation on behalf of the appellant, despite the case having been Be that as it may, in view of the foregoing circumstances, the posed of as having been rendered . However, in case anything survives, liberty is granted to the appellant to move an appropriate application within a period of 03 months from today for reviving the same, if so, advised. application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No and the same was not ordered to be continued on the next date of hearing i.e. 30.05.2024, accordingly in execution proceedings, the possession of the t has been duly informed about the date fixed. However, there is no representation on behalf of the appellant, despite the case having been Be that as it may, in view of the foregoing circumstances, the as having been rendered to the months RISHU KATARIA 2025.05.01 10:16 I attest to the accuracy and authenticity of this order/judgment.