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2025 DAILYLAW 69412 (PNJ)

AMARJIT KAUR AND ANOTHER v. GURWINDER SINGH AND ANOTHER

CR/3554/2025 · 2025-07-01

Vikas Bahl

body2025

Judgment text

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CR-3554-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (133) CR-3554-2025 Date of decision: - 01.07.2025 Amarjit Kaur and another ....Petitioners Versus Gurwinder Singh and another .....Respondents CORAM : HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Gurbinder Singh, Advocate, for the petitioners. **** VIKAS BAHL, J. (ORAL) 1. Present civil revision petition has been filed under Article 227 of the Constitution of India for quashing the impugned order dated 31.05.2025 (Annexure P-5) passed by the Additional Civil Judge (Senior Division), Fatehgarh Sahib vide which an application under Order XI Rule 1 and 2 read with Section 151 CPC (Annexure P-3) filed by the respondents/plaintiffs has been allowed. 2. Learned counsel for the petitioners has submitted that the respondents/plaintiffs have an ad-interim injunction dated 22.04.2025 in their favour and it is only to delay the proceedings so that the benefit of said ad interim injunction continues that the present application for interrogatories has been filed when the case was fixed for arguments on the stay application and for filing of replication. It is further submitted NARESH KUMAR 2025.07.01 16:52 I attest to the accuracy and integrity of this document/judgement CR-3554-2025 -2- that at this stage, the petitioners would be satisfied in case the trial Court is directed to decide the stay application as expeditiously as possible. It is fairly submitted that in compliance to the impugned order, the petitioners would answer the interrogatories in the prescribed format in the form of affidavit on or before 02.07.2025 as directed in the impugned order. It is stated that the petitioners have already filed their reply on 28.05.2025 to the main suit as well as to the stay application. 3. Keeping in view the above-said facts and circumstances and the limited prayer made by learned counsel for the petitioners, the present petition is disposed of with the following directions/observations:- (i) In compliance to the impugned order, the petitioners would answer the interrogatories in the prescribed format in the form of an affidavit on or before 02.07.2025. (ii) The trial Court would give one last opportunity to the plaintiffs to file replication, if any, within a period of one week from 02.07.2025. (iii) The trial Court would thereafter decide the application under Order 39 Rule 1 and 2 CPC read with Section 151 CPC finally as expeditiously as possible. (iv) Counsel for the petitioners has undertaken that counsel appearing for the petitioners before the trial Court would be ready to argue on the application under Order 39 Rule 1 and 2 CPC read with Section 151 CPC on the date given by the trial Court. NARESH KUMAR 2025.07.01 16:52 I attest to the accuracy and integrity of this document/judgement CR-3554-2025 -3- (v) Counsel for the plaintiffs is also requested to fully assist the trial Court in expeditious disposal of the application under Order 39 Rule 1 and 2 CPC read with Section 151 CPC. ( VIKAS BAHL ) July 01, 2025 JUDGE naresh.k Whether reasoned/speaking? Yes/No Whether reportable? Yes/No NARESH KUMAR 2025.07.01 16:52 I attest to the accuracy and integrity of this document/judgement