CR-5700-2025 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5700-2025 Date of decision: 25.08.2025 Kailash Nath ...Peoner Versus Amarjit Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Dinesh Nagar, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) 1. It is contended by learned counsel that during the course of proceedings before the trial Court, an applicaon dated 22.04.2019 was moved by the peoner-plainff for comparing the signatures of defendant No.1 Amarjit Singh and the applicaon moved by him before Naib Tehsildar Banga for sanconing of the impugned mutaon. However, that applicaon was not considered by the trial Court while deciding the suit on 21.02.2023. The peoner requested the First Appellate Court to decide the applicaon as it was kept pending and thus, the peoner approached this Court by filing CR-2696-2023 which was disposed of by the Co-ordinate Bench of this Court vide order dated 21.09.2023 (Annexure P-3), direcng as under:- “6. Therefore, keeping in view the facts & circumstances of the case, learned First Appellate Court, who is dealing with the appeal against the judgment & decree dated 21.02.2023, passed by the Trial Court in CIS No.CS-645-2017 (CNR No.: PBSB02-000990-2017), 3tled as, "Kailash Nath Vs. Amarjit Singh and others", is directed to decide the said applica3on well before finally deciding the appeal pending before it, in accordance with law.” 2. Learned counsel submits that despite the aforesaid direcon, the concerned Appellate Court by way of the impugned order dated Yogesh Mehta 2025.08.25 17:55 I agree to specified portions of this document CR-5700-2025 [2] 21.07.2025 Annexure (P-4) has adjourned the ma@er for arguments in the main appeal and to decide the applicaon along with the main appeal. 3. Perusal of the order dated 21.07.2025 would reveal the said direcon to hear the applicaon dated 22.04.2019 along with the main appeal was passed on the basis of statement made by counsel for the applicant to the effect that he had no objecon if the applicaon is also heard along with the main appeal. 4. Learned counsel does not dispute the above said statement made before the First Appellate Court but submits that direcon is in violaon of the order dated 21.09.2023 (Annexure P-3). 5. Without issuing any noce to the opposite party as it may delay the disposal of the appeal pending before the First Appellate Court, the First Appellate Court is hereby directed to decide the applicaon dated 22.04.2019 in the light of the order dated 21.09.2023(P-3) earlier passed by this Court in CR-2696-2023, before finally deciding the appeal. 6. Disposed of. 7. Copy of this order be given under the signatures of Bench Secretary of this Court. 25.08.2025 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Yogesh Mehta 2025.08.25 17:55 I agree to specified portions of this document