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High Court of Punjab and Haryana · body

2025 DAILYLAW 8359 (PNJ)

KESHO RAM SINCE DECEASED THROUGH HIS LR v. KARUNA NIDHAN AGRO TECH PVT. LTD. AND ORS

CR/5015/2026 · 2026-07-23

Harpreet Kaur Jeewan

body2025

Judgment text

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2. Learned counsel for the petitioner petitioner-plaintiff application under Order 39 Rule 1 & 2 April 2025. Till today respondents have alienated a part of the the petitioner are infringed on account of non application by the trial Court. -1- Learned counsel for the petitioner plaintiff filed a civil suit and along application under Order 39 Rule 1 & 2 CPC April 2025. Till today, the said application h respondents have alienated a part of the suit property. A the petitioner are infringed on account of non application by the trial Court. Learned counsel for the petitioner inter alia contends that the filed a civil suit and alongwith the civil suit, an CPC has been filed in the month of the said application has not been decided and the suit property. As such the rights of the petitioner are infringed on account of non-decision of the said inter alia contends that the an has been filed in the month of as not been decided and the s such the rights of said AVTAR SINGH 2026.07.27 15:39 I attest to the accuracy and integrity of this document order/judgment 3. I have heard the contentions of the learned c petitioner and perused the paper book. 4. Issuance of notice to the respondents is dispensed with as this would further delay the matter. 5. As per Annexure P 16.04.2025 passed by the trial Court, Along with the said suit an application has also been filed seeking interim relief under Order 39 Rule 1 & 2 21.04.2025 defendant No.3 an application under Order 7 Rule 11 CPC was filed adjourned for 15.05.2025 for Further zimni orders passed by the trial Court indicates that defendants had matter was adjourned to 10.07.2025, 07.08.2025, 03.09.2025, 17.09.2025, 01.10.2025, 15.10.2025, 26.11.2025, 19.12.2025, 10.03.2026, 19.03.2026, 23.03.2026, 24.03.2026, 30.03.2026 matter for various dates, the application under Order 39 Rule 1 & 2 neither been decided nor it is reflected in any of the zimni order that the matter was adjourned for hearing of the said application. 6. The aforesaid facts and circumstances in purpose of filing of the application under Order 39 Rule 1 & 2 has been defeated by not disposing of the application in a time bound manner. 7. In view of the aforesaid facts and circumstances and without expressing anything on the m disposed of with the direction to the trial Court to decide the application -2- I have heard the contentions of the learned c petitioner and perused the paper book. Issuance of notice to the respondents is dispensed with as this would further delay the matter. As per Annexure P-4 which is copy of the zimni order dated 16.04.2025 passed by the trial Court, suit has been filed by the petitioner. Along with the said suit an application has also been filed seeking interim relief under Order 39 Rule 1 & 2 CPC. On the next date of hearing i.e. 21.04.2025 defendant No.3 & 4 had put in appearance an application under Order 7 Rule 11 CPC was filed adjourned for 15.05.2025 for issuance of notice Further zimni orders passed by the trial Court indicates that defendants had put in appearance before the trial Court. The matter was adjourned to 10.07.2025, 07.08.2025, 03.09.2025, 17.09.2025, 01.10.2025, 15.10.2025, 26.11.2025, 19.12.2025, 10.03.2026, 19.03.2026, 23.03.2026, 24.03.2026, 30.03.2026 and 22.07.2026. Despite adjourning th matter for various dates, the application under Order 39 Rule 1 & 2 neither been decided nor it is reflected in any of the zimni order that the matter was adjourned for hearing of the said application. The aforesaid facts and circumstances in purpose of filing of the application under Order 39 Rule 1 & 2 has been defeated by not disposing of the application in a time bound manner. In view of the aforesaid facts and circumstances and without expressing anything on the merits of the case, the present revision petition is disposed of with the direction to the trial Court to decide the application I have heard the contentions of the learned counsel for the Issuance of notice to the respondents is dispensed with as this 4 which is copy of the zimni order dated suit has been filed by the petitioner. Along with the said suit an application has also been filed seeking interim . On the next date of hearing i.e. put in appearance before the trial Court; an application under Order 7 Rule 11 CPC was filed and the matter was ance of notice to defendant No. 1 and 2. Further zimni orders passed by the trial Court indicates that all the before the trial Court. Thereafter, the matter was adjourned to 10.07.2025, 07.08.2025, 03.09.2025, 17.09.2025, 01.10.2025, 15.10.2025, 26.11.2025, 19.12.2025, 10.03.2026, 19.03.2026, 22.07.2026. Despite adjourning the matter for various dates, the application under Order 39 Rule 1 & 2 CPC has neither been decided nor it is reflected in any of the zimni order that the matter was adjourned for hearing of the said application. The aforesaid facts and circumstances indicate that the very purpose of filing of the application under Order 39 Rule 1 & 2 has been defeated by not disposing of the application in a time bound manner. In view of the aforesaid facts and circumstances and without erits of the case, the present revision petition is disposed of with the direction to the trial Court to decide the application ounsel for the Issuance of notice to the respondents is dispensed with as this 4 which is copy of the zimni order dated suit has been filed by the petitioner. Along with the said suit an application has also been filed seeking interim . On the next date of hearing i.e. ; the matter was to defendant No. 1 and 2. the reafter, the matter was adjourned to 10.07.2025, 07.08.2025, 03.09.2025, 17.09.2025, 01.10.2025, 15.10.2025, 26.11.2025, 19.12.2025, 10.03.2026, 19.03.2026, e neither been decided nor it is reflected in any of the zimni order that the dicate that the very purpose of filing of the application under Order 39 Rule 1 & 2 has been In view of the aforesaid facts and circumstances and without erits of the case, the present revision petition is disposed of with the direction to the trial Court to decide the application AVTAR SINGH 2026.07.27 15:39 I attest to the accuracy and integrity of this document order/judgment filed by the petitioner period of three weeks Compliance report shall be submitted by the trial Court. 8. However, i have been made have liberty to file -3- filed by the petitioner-plaintiff under Order 39 Rule 1 & 2 period of three weeks from the date of receipt of certi Compliance report shall be submitted by the trial Court. However, in case any misleading representation have been made by the petitioner in the present have liberty to file an application for recalling of this order. plaintiff under Order 39 Rule 1 & 2 CPC within a from the date of receipt of certified copy of this order. Compliance report shall be submitted by the trial Court. n case any misleading representation is found to present petition, the respondent shall application for recalling of this order. within a is found to petition, the respondent shall AVTAR SINGH 2026.07.27 15:39 I attest to the accuracy and integrity of this document order/judgment