143 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RA-RS-21-2025 in RSA-1086-2025 Date of Decision: April 24, 2025 MGF Development Ltd. … Non-applicants/Appellants Versus Cosmo Propbuild Pvt. Ltd. and others …Respondents/Review applicants CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. R.S. Rai, Sr. Advocate, Mr. Ashish Chopra, Sr. Advocate with Ms. Rupa Pathania, Ms. Rubani Vermani and Mr. Varun Aryan Sharma, Advocate for review applicants/respondents. Mr. Sanjeev Sharma, Sr. Advocate, Mr. Amit Jain, Sr. Advocate with Mr. Amandeep Talwar, Advocate for non-applicant/appellant. DEEPAK GUPTA , J.(Oral) An applica&on under Order 7 Rule 11 CPC for rejec&ng the plaint moved by defendant Nos.1 to 6 (applicants herein) was allowed by the trial Court, thus rejec&ng the plaint. That order was assailed before the First Appellate Court and along with appeal, an applica&on under Sec&on 5 of the Limita&on Act for condoning the delay of 38 days in filing the appeal, was moved. The First Appellate Court rejected the applica&on to condone the delay and consequent thereto, the appeal itself was dismissed being &me barred vide order dated 13.01.2025. 2. The aforesaid order dated 13.01.2025 was assailed before this Court by way of filing RSA No.1086 of 2025. This Court by way of the order dated 09.04.2025 allowed the appeal, subject to cost. The ma9er was remanded to the First Appellate Court for a fresh decision on the appeal, strictly on its merits and uninfluenced by any observa&ons made in the order. It was also directed that pending the decision of the appeal before the First Appellate Court, no third party rights shall be created in the suit property by either party. Sarita Rani 2025.04.24 18:15 I attest to the accuracy of this document/order RA-RS-21-2025 in RSA-1086-2025 - 2 - 2025:PHHC:052617 3. Now, the applicants, who were respondent Nos.1 to 6 in the main appeal, have approached this Court, seeking review of the aforesaid order. 4. It is contended by learned senior counsel for the applicants- respondent Nos.1 to 6 that no relief was claimed by the appellant-plain&ff qua crea&ng any third party rights in the suit property and so the said direc&on by this Court is harming the interest of the applicants. 5. Though no formal no&ce of the review applica&on has been issued, but Mr. Sanjeev Sharma, Sr. Advocate and Mr. Amit Jain, Sr. Advocate with Mr. Amandeep Talwar, Advocate has put in appearance for non-applicant/appellant. 6. Learned senior counsel from both the sides have been heard at considerable length. The object in giving the direc&on, as pointed out by learned senior counsel for the applicants-respondents was to preserve the property in dispute, &ll the ma9er is decided by the First Appellate Court. As such, this Court does not find any ground whatsoever to review the order dated 09.04.2025 and therefore, the present applica&on is hereby dismissed. 7. However, learned senior counsel for the applicants has made another prayer to direct the First Appellate Court to dispose of the appeal expedi&ously. 8. It has been informed by learned senior counsel for the non- applicant/appellant that ma9er is fixed before the First Appellate Court for 20.05.2025. Though, learned counsel for the applicants-respondents submits that they have not been no&fied about the said date, but they can no&ce the said date as informed before this Court. 9. Even learned senior counsel for the non-applicant/appellant has no objec&on to give necessary direc&on to the concerned Appellate Court to dispose of the appeal expedi&ously. Sarita Rani 2025.04.24 18:15 I attest to the accuracy of this document/order RA-RS-21-2025 in RSA-1086-2025 - 3 - 2025:PHHC:052617 10. In the en&rety of the facts and circumstances, it is directed that in case the First Appellate Court is able to pre-pone the ma9er, considering the cases listed before it prior to 20.05.2025, it will be at liberty to pre-pone the ma9er; otherwise the First Appellate Court shall make every possible endeavour to dispose of the appeal within a week from 20.05.2025, the date already fixed, provided applicants put in appearance before the Appellate Court on or before 20.05.2025. April 24, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.04.24 18:15 I attest to the accuracy of this document/order