CR-1769- 166 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 1. Rashmi Ahuja and ors. Anil Kumar and ors. 2. Anil Kumar and ors. Rashmi Ahuja and ors. CORAM: HON'BLE MR. JUSTICE Present : HARKESH MANUJA, petitions as the common question of law and facts are involved therein. For convenience, facts are being taken from CR 2. laid to an order dated 02.04.2022 passed by the First Appellat in Civil Appeal No. 48/2011 while rejecting the appeal preferred at the -2022 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: CR Rashmi Ahuja and ors. VERSUS Anil Kumar and ors. CR Anil Kumar and ors. VERSUS Rashmi Ahuja and ors. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present : Mr.Puneet Jindal, Sr. Advocate with Ms. Loveleen Joshi, Advocate for the petitioners in CR-1769-2022 and for the respondents in CR-4817-2023 Mr.D.K. Tuteja, Advocate for the petitioners in CR-4817 for the respondents in CR **** HARKESH MANUJA, J. (ORAL) This order of mine shall dispose of abovesaid two petitions as the common question of law and facts are involved therein. For convenience, facts are being taken from CR By way of present revision petition(s), challenge has been laid to an order dated 02.04.2022 passed by the First Appellat in Civil Appeal No. 48/2011 while rejecting the appeal preferred at the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 05.05.2025 R-1769-2022 (O&M) …..Petitioners …..Respondents R-4817-2023 (O&M) …..Petitioners …..Respondents HARKESH MANUJA Advocate with Ms. Loveleen Joshi, Advocate for the petitioners 2022 and for the respondents 4817-2023 and for the respondents in CR-1769-2022 This order of mine shall dispose of abovesaid two petitions as the common question of law and facts are involved therein. For convenience, facts are being taken from CR-1769-2022. By way of present revision petition(s), challenge has been laid to an order dated 02.04.2022 passed by the First Appellate Court in Civil Appeal No. 48/2011 while rejecting the appeal preferred at the This order of mine shall dispose of abovesaid two petitions as the common question of law and facts are involved 2022. By way of present revision petition(s), challenge has been e Court in Civil Appeal No. 48/2011 while rejecting the appeal preferred at the SANJAY GUPTA 2025.05.07 13:58 I attest to the accuracy and authenticity of this document CR-1769- instance of petitioners/ plaintiffs having uph 03.12.2021 passed by Civil Judge (Senior Division), Rohtak while disposing of an application filed under Order their instance. 3. well as permanent injunction, the trial Court vide order dated 03.12.2021 adjudicated upon an application Under Order 39 Rules 1 & 2 CPC following observations: 4. filed their respective Civil Misc. Appeal with the following details: -2022 (O&M) [2] instance of petitioners/ plaintiffs having uph 03.12.2021 passed by Civil Judge (Senior Division), Rohtak while disposing of an application filed under Order their instance. Brief facts of the case are that in a suit for declaration as well as permanent injunction, the trial Court vide order dated 03.12.2021 adjudicated upon an application Under Order 39 Rules 1 CPC filed at the instance of petitioners/ plaintiffs with the following observations:- “10. However, if defendants alienate or dispossess of the suit property or create any kind of third party charge over the suit property, they are bound to mention the factum of pendency present suit in any such document to be executed by them in favour of any third party. Furthermore, any such transaction, if undertaken, by defendants shall be subject to the decision of the present case.” Being aggrieved of the aforesaid filed their respective Civil Misc. Appeal with the following details: i) CMA No.48 of 2021, titled as Smt.Rashmi Ahuja and others Vs. Sh.Anil Kumar and others; and ii) CMA No.49/2001 titled as Smt.Sumedha Ahuja Vs. Smt.Rashmi Ahuj instance of petitioners/ plaintiffs having upheld the order dated 03.12.2021 passed by Civil Judge (Senior Division), Rohtak while disposing of an application filed under Order 39 Rules 1 & 2 CPC Brief facts of the case are that in a suit for declaration as well as permanent injunction, the trial Court vide order dated 03.12.2021 adjudicated upon an application Under Order 39 Rules 1 instance of petitioners/ plaintiffs with the However, if defendants alienate or dispossess of the suit property or create any kind of third party charge over the suit property, they are bound to mention the factum of pendency of the present suit in any such document to be executed by them in favour of any third party. Furthermore, any such transaction, if undertaken, by defendants shall be subject to the decision of the present case.” Being aggrieved of the aforesaid order, both the parties filed their respective Civil Misc. Appeal with the following details:- CMA No.48 of 2021, titled as Smt.Rashmi Ahuja and others Vs. Sh.Anil Kumar and CMA No.49/2001 titled as Smt.Sumedha Ahuja Vs. Smt.Rashmi Ahuja and others. ld the order dated 03.12.2021 passed by Civil Judge (Senior Division), Rohtak while CPC at Brief facts of the case are that in a suit for declaration as well as permanent injunction, the trial Court vide order dated 03.12.2021 adjudicated upon an application Under Order 39 Rules 1 instance of petitioners/ plaintiffs with the However, if defendants alienate or dispossess of the suit property or create any kind of third party charge over the suit property, they are of the present suit in any such document to be executed by them in favour of any third party. Furthermore, any such transaction, if undertaken, by defendants shall be subject to order, both the parties CMA No.48 of 2021, titled as Smt.Rashmi Ahuja and others Vs. Sh.Anil Kumar and CMA No.49/2001 titled as Smt.Sumedha SANJAY GUPTA 2025.05.07 13:58 I attest to the accuracy and authenticity of this document CR-1769- 5. dated 02.04.2022 dismissed both the appeals resulting into filing of present two Civil Revisions at the instance of 6. parties are controversy, a direction be issued to the trial Court to dispose of the suit/ counter claim within 06 months from today and the parties be directed to 7. Civil Revisions are disposed of with a request to the learned trial Court to decide the Civil Suit within 06 months from today by affording opportunit evidence. In the meanwhile, both the parties shall maintain status quo regarding the property in question 8. stand disposed of 05.05.2025 sanjay -2022 (O&M) [3] Learned First Appellate Court vide consolidated order dated 02.04.2022 dismissed both the appeals resulting into filing of present two Civil Revisions at the instance of having argued for some time, learned counsel for the parties are ad idem that instead of going into the merits of the controversy, a direction be issued to the trial Court to dispose of the suit/ counter claim within 06 months from today and the parties be directed to maintain status quo till then. In view of the agreed stand taken by both sides, both the Civil Revisions are disposed of with a request to the learned trial Court to decide the Civil Suit within 06 months from today by affording opportunities to both the parties so as to lead their evidence. In the meanwhile, both the parties shall maintain status quo regarding the property in question Pending miscellaneous application(s), if an stand disposed of. 2025 ( Whether speaking/reasoned ? Whether Reportable ? Learned First Appellate Court vide consolidated order dated 02.04.2022 dismissed both the appeals resulting into filing of present two Civil Revisions at the instance of both the parties. having argued for some time, learned counsel for the that instead of going into the merits of the controversy, a direction be issued to the trial Court to dispose of the suit/ counter claim within 06 months from today and the parties be maintain status quo till then. In view of the agreed stand taken by both sides, both the Civil Revisions are disposed of with a request to the learned trial Court to decide the Civil Suit within 06 months from today by ies to both the parties so as to lead their evidence. In the meanwhile, both the parties shall maintain status quo regarding the property in question, in all respect. Pending miscellaneous application(s), if any, shall also HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Yes/No Yes/No Learned First Appellate Court vide consolidated order dated 02.04.2022 dismissed both the appeals resulting into filing of having argued for some time, learned counsel for the that instead of going into the merits of the controversy, a direction be issued to the trial Court to dispose of the suit/ counter claim within 06 months from today and the parties be In view of the agreed stand taken by both sides, both the Civil Revisions are disposed of with a request to the learned trial Court to decide the Civil Suit within 06 months from today by ies to both the parties so as to lead their evidence. In the meanwhile, both the parties shall maintain status y, shall also SANJAY GUPTA 2025.05.07 13:58 I attest to the accuracy and authenticity of this document