CR-1506-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 115 Rana Singh Manjit Singh and CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. 1 Constitution of India learned Civil Judge (Junior Division), Garhshankar to expedite the hearing of Civil Suit No. 304 of 2022 along with counter claim filed by the petitioner. 2. suit dated injunction No. 3 and 4/defendants No. petitioner along with herein filed written statement dated 03.10.2022 with counter Respondents No. 1 and 2/plaintiffs have filed written statement dated NIL (Annexure P order dated 03.05.2023 (Annexure P the petitioner as well XXXIX Rules 1 and 2 CPC, were disposed of by the le 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rana Singh Versus Manjit Singh and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Parvinder Singh, Advocate for the petitioner. NIDHI GUPTA, J. Prayer in this revision petition filed under Article 227 of the Constitution of India, is for issuance of learned Civil Judge (Junior Division), Garhshankar to expedite the hearing of Civil Suit No. 304 of 2022 along with counter claim filed by the petitioner. Briefly stated, respondents No. 1 and 2/plainti suit dated 27.02.2022 (Annexure P-1) for possession and permanent against petitioner-defendant No. 1 and proforma respondents No. 3 and 4/defendants No. 2 and 3, respectively. petitioner along with co-defendants/proforma respondents No. 2 and 3 herein filed written statement dated 03.10.2022 counter-claim of even date i.e. espondents No. 1 and 2/plaintiffs have filed written statement dated NIL (Annexure P-4) resisting the counter-claim filed by the petitioner. order dated 03.05.2023 (Annexure P-9), two separate applications filed by the petitioner as well as respondents No. 1 and 2/plaintiffs under Order XXXIX Rules 1 and 2 CPC, were disposed of by the le IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-1506-2025 (O&M) Date of Decision: 12.03.2025 .… Petitioner .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Parvinder Singh, Advocate for the petitioner. Prayer in this revision petition filed under Article 227 of the is for issuance of appropriate directions to the learned Civil Judge (Junior Division), Garhshankar to expedite the hearing of Civil Suit No. 304 of 2022 along with counter claim filed by respondents No. 1 and 2/plaintiffs have filed a 1) for possession and permanent defendant No. 1 and proforma respondents and 3, respectively. Upon notice, the /proforma respondents No. 2 and 3 herein filed written statement dated 03.10.2022 (Annexure P-2) along of even date i.e. 03.10.2022 (Annexure P-3). espondents No. 1 and 2/plaintiffs have filed written statement dated NIL claim filed by the petitioner. Vide two separate applications filed by as respondents No. 1 and 2/plaintiffs under Order XXXIX Rules 1 and 2 CPC, were disposed of by the learned trial Court Prayer in this revision petition filed under Article 227 of the the learned Civil Judge (Junior Division), Garhshankar to expedite the hearing of Civil Suit No. 304 of 2022 along with counter claim filed by ffs have filed a 1) for possession and permanent defendant No. 1 and proforma respondents Upon notice, the /proforma respondents No. 2 and 3 ) along . espondents No. 1 and 2/plaintiffs have filed written statement dated NIL Vide two separate applications filed by as respondents No. 1 and 2/plaintiffs under Order arned trial Court RISHU KATARIA 2025.03.21 18:55 I attest to the accuracy and authenticity of this order/judgment. CR-1506-2025 observing that a plaintiffs/ respondents No. 1 and 2 and the defendant/counterclaimant/ petitioner herein status quo. bearing Nos. CMA/92/2023 titled as CM/85/2023 titled as lower Appellate Court adjudication before the learned lower Appellate Court. mention herein that the petitioner filed an application dated 08.05.2023 (Annexure P However, respondents No. 1 and 2 did not file reply to the said application and later on, the same became infructuous and the case was fixed for plaintiff 28) and the same is still pending for plaintiff the present revision petition. 3. after obtaining order of order to harass the petitioner are intentionally delaying the proceedings in the suit inasmuch, concluding their evidence as is evident from 11.07.2023, 11.01.2024, 21.02.2024 and 16.05.2024 (Annexures P Learned counsel submits adjourned only for the reason that the file has been sent to Appellate Court. However, there is no stay order of the learned Appellate Court. 2025 -2- observing that a prima facie case was made in favour of both the plaintiffs/ respondents No. 1 and 2 and the defendant/counterclaimant/ petitioner herein. As such, both the parties were directed to maintain status quo. Thereafter, both the parties have filed their respective appeal bearing Nos. CMA/92/2023 titled as Rana Singh vs. Manjit Singh CM/85/2023 titled as Manjit Singh vs. Rana Singh lower Appellate Court and till date both the appeals are pending adjudication before the learned lower Appellate Court. mention herein that the petitioner filed an application dated 08.05.2023 (Annexure P-27) for implementation of the order dated 03.05.2023. However, respondents No. 1 and 2 did not file reply to the said application and later on, the same became infructuous and the case was fixed for plaintiffs’ evidence vide order dated 07.07.2023 (Annexure P 28) and the same is still pending for plaintiff the present revision petition. Learned counsel for the petitioner, after obtaining order of status quo, respondents order to harass the petitioner are intentionally delaying the proceedings in the suit inasmuch, as after availing 09 effective opportunities they are not concluding their evidence as is evident from 11.07.2023, 08.08.2023, 30.08.2023, 17.10.2023, 16.11.2023, 18.12.2023, 11.01.2024, 21.02.2024 and 16.05.2024 (Annexures P Learned counsel submits that for the last 05 dates the case is being adjourned only for the reason that the file has been sent to Appellate Court. However, there is no stay order of the learned Appellate was made in favour of both the plaintiffs/ respondents No. 1 and 2 and the defendant/counterclaimant/ both the parties were directed to maintain e parties have filed their respective appeals Rana Singh vs. Manjit Singh and Manjit Singh vs. Rana Singh before the learned and till date both the appeals are pending adjudication before the learned lower Appellate Court. It is pertinent to mention herein that the petitioner filed an application dated 08.05.2023 27) for implementation of the order dated 03.05.2023. However, respondents No. 1 and 2 did not file reply to the said application and later on, the same became infructuous and the case was evidence vide order dated 07.07.2023 (Annexure P- 28) and the same is still pending for plaintiffs’ evidence till date. Hence, petitioner, inter alia, submits that respondents No. 1 and 2/plaintiffs in order to harass the petitioner are intentionally delaying the proceedings in after availing 09 effective opportunities they are not concluding their evidence as is evident from zimni orders dated 17.10.2023, 16.11.2023, 18.12.2023, 11.01.2024, 21.02.2024 and 16.05.2024 (Annexures P-29 to P-37). last 05 dates the case is being adjourned only for the reason that the file has been sent to learned Appellate Court. However, there is no stay order of the learned Appellate was made in favour of both the both the parties were directed to maintain s and before the learned and till date both the appeals are pending It is pertinent to mention herein that the petitioner filed an application dated 08.05.2023 However, respondents No. 1 and 2 did not file reply to the said application and later on, the same became infructuous and the case was evidence till date. Hence, submits that No. 1 and 2/plaintiffs in order to harass the petitioner are intentionally delaying the proceedings in after availing 09 effective opportunities they are not orders dated 17.10.2023, 16.11.2023, 18.12.2023, 37). last 05 dates the case is being learned Appellate Court. However, there is no stay order of the learned Appellate RISHU KATARIA 2025.03.21 18:55 I attest to the accuracy and authenticity of this order/judgment. CR-1506-2025 4. direction be issued to the Civil Suit No. 304 of 2022 petitioner. 5. the petitioner. 6. case file in great detail. 7. I find no merit in the submissions made on behalf of the petitioner. Admittedly, vide order dated 03.05.2023 (Annexure P applications filed by the petitioner as well as respondents No. 1 and 2/plaintiffs under O by the learned trial Court directing the p Feeling dissatisfied, Nos. CMA 03.05.2023 (Annexure P issuing notice in the appeals vide order dated 20.05.2023 (Annexure P-10) had observed that property and to avoid multiplication of litiga appropriate to stay the following direction made by the learned trial Court i.e. “that till the time dispute is not solved both the parties shall not use the said portion of Khasra No. 2405/1 to 1725(1 8. Appellate Court, would falsify the contention of learned counsel for the petitioner that ‘there is no stay order of the learned 2025 -3- It is, accordingly, prayed that in view of the above facts, a direction be issued to the learned trial Court to expedite the hearing of Civil Suit No. 304 of 2022 along with counter claim filed by the No other argument has been the petitioner. I have heard learned counsel for the case file in great detail. The facts in brief have already I find no merit in the submissions made on behalf of the petitioner. Admittedly, vide order dated 03.05.2023 (Annexure P applications filed by the petitioner as well as respondents No. 1 and 2/plaintiffs under Order XXXIX Rules 1 and 2 CPC, were disposed of by the learned trial Court directing the parties to maintain Feeling dissatisfied, both the parties have filed separate appeals Nos. CMA-92/2023 and CMA/85/2023 03.05.2023 (Annexure P-9). The learned lower Appellate Court while issuing notice in the appeals vide order dated 20.05.2023 (Annexure 10) had observed that ‘Therefore, to protect the nature of the suit property and to avoid multiplication of litiga appropriate to stay the following direction made by the learned trial Court i.e. “that till the time dispute is not solved both the parties shall not use the said portion of Khasra No. 2405/1 to 1725(1 The aforesaid observation rendered by the learned lower Appellate Court, would falsify the contention of learned counsel for the petitioner that ‘there is no stay order of the learned It is, accordingly, prayed that in view of the above facts, a learned trial Court to expedite the hearing of along with counter claim filed by the raised by learned counsel for I have heard learned counsel for the parties and perused the The facts in brief have already been noticed here-in-above. I find no merit in the submissions made on behalf of the petitioner. Admittedly, vide order dated 03.05.2023 (Annexure P-9) two separate applications filed by the petitioner as well as respondents No. 1 and rder XXXIX Rules 1 and 2 CPC, were disposed of arties to maintain status quo. have filed separate appeals bearing 92/2023 and CMA/85/2023 challenging the order dated 9). The learned lower Appellate Court while issuing notice in the appeals vide order dated 20.05.2023 (Annexure ‘Therefore, to protect the nature of the suit property and to avoid multiplication of litigation, it would be appropriate to stay the following direction made by the learned trial Court i.e. “that till the time dispute is not solved both the parties shall not use the said portion of Khasra No. 2405/1 to 1725(1-4)”. The aforesaid observation rendered by the learned lower Appellate Court, would falsify the contention of learned counsel for the petitioner that ‘there is no stay order of the learned lower Appellate It is, accordingly, prayed that in view of the above facts, a learned trial Court to expedite the hearing of along with counter claim filed by the issuing notice in the appeals vide order dated 20.05.2023 (Annexure RISHU KATARIA 2025.03.21 18:55 I attest to the accuracy and authenticity of this order/judgment. CR-1506-2025 Court’. More so passed by the learned lower Appellate Court shows that now the appeals are at the stage of final arguments. 9. facts and circumstances of the case, no case is made out for issuance of appropriate directions to the learned Civil Judge (Junior Division), Garhshankar to expedite the hearing of Civil Suit No. 304 of 2022 along with counter claim filed by the petitioner 10. dismissed. 12.03.2025 rishu 2025 -4- More so, perusal of the zmini order passed by the learned lower Appellate Court shows that now the appeals are at the stage of final arguments. In view of the above and keeping in view the facts and circumstances of the case, no case is made out for issuance of ppropriate directions to the learned Civil Judge (Junior Division), Garhshankar to expedite the hearing of Civil Suit No. 304 of 2022 along with counter claim filed by the petitioner. The instant revision petition, being devoid of any merit, is sed. .03.2025 Whether speaking/reasoned Whether Reportable orders (Annexure P-11 to P-23) passed by the learned lower Appellate Court shows that now the appeals In view of the above and keeping in view the aforesaid facts and circumstances of the case, no case is made out for issuance of ppropriate directions to the learned Civil Judge (Junior Division), Garhshankar to expedite the hearing of Civil Suit No. 304 of 2022 along The instant revision petition, being devoid of any merit, is ( NIDHI GUPTA ) JUDGE Yes/No Yes/No RISHU KATARIA 2025.03.21 18:55 I attest to the accuracy and authenticity of this order/judgment.