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2026 DAILYLAW 37950 (PNJ)

RAJINDER SINGH YADAV AND ANOTHER v. SRIKISHAN AND OTHERS

CR/6261/2026 · 2026-08-27

Harsh Bunger

body2026

Judgment text

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CM-16955-CII-2026 in CR-6261-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 119 CM-16955-CII-2026 in CR-6261-2026 (O&M) Date of decision: 27.08.2026 Rajinder Singh Yadav and another ....Petitioners Vs. Srikishan and others ....Respondents CORAM : HON’BLE MR. JUSTICE HARSH BUNGER Present: Mr. Gurucharan, Advocate for Ms. Sakshi Gupta, Advocate for the applicants/petitioners. ***** HARSH BUNGER J. (Oral) CM-16955-CII-2026 : Prayer in the instant application is for preponing the date of hearing fixed in the main case i.e. CR-6261-2026 from 02.11.2026 to an early date. For the reasons mentioned in the application, the date of hearing in the main case (CR-6261-2026) is preponed from 02.11.2026 to today itself, for consideration, and the same is taken up on Board. Application is accordingly disposed of. Main Case (O&M) : 1 Petition herein, filed under Article 227 of the Constitution of India, is for issuance of necessary directions to the learned Trial Court to decide the application under Order 39 Rule 1 and 2 CPC expeditiously in ANKIT 2026.08.27 18:44 I attest to the accuracy and integrity of this document High Court, Chandigarh CM-16955-CII-2026 in CR-6261-2026 (O&M) -2- Civil Suit (CS-2267-2026) titled as ‘Rajinder Singh Yadav and others Vs. Srikishan and others’. 2. Learned counsel for the petitioner, along with the present petition has attached copies of the zimni orders dated 08.07.2026, 15.07.2026 and 27.07.2026 passed by the learned Trial Court as Annexure P-5 collectively. 3. A persual of the aforesaid orders would reveal that the learned Trial Court had issued notice in the suit as well as the stay application vide order dated 08.07.2026 and the matter was fixed for 15.07.2026. On 15.07.2026, the defendants No.1, 2, 4 and 5 appeared and sought time for filing written statement as well reply to the stay application and the matter was adjourned to 27.07.2026. On 27.07.2026, it appears that defendant No.3 appeared and again the matter was adjourned to 27.08.2026 for filing written statement on behalf of respondents No.1 to 5 as well reply to the stay application. 4. Learned counsel appearing for the petitioner submits that today i.e. 27.08.2026, the matter has been simply adjourned for 17.11.2026 and no consideration on the application under Order 39 Rule 1 and 2 CPC has been done by the learned Trial Court. 5. After arguing for some time, learned counsel appearing for the petitioner submits that he may be permitted to withdraw the present civil revision petition at this stage with liberty to the petitioners to move an appropriate application before the learned Trial Court seeking preponement of date of hearing in the stay application, however, he submits that ANKIT 2026.08.27 18:44 I attest to the accuracy and integrity of this document High Court, Chandigarh CM-16955-CII-2026 in CR-6261-2026 (O&M) -3- appropriate directions to be issued for the expeditious disposal of the abovesaid application for preponement as well as the stay application. 6. Keeping in view the aforesaid stand taken by the learned counsel appearing on behalf of the petitioners, the present civil writ petition is dismissed as withdraw with liberty to the petitioners to move an appropriate application before the learned Trial Court seeking preponement of hearing in stay application filed under Order 39 Rule 1 and 2 CPC. 6.1 It goes without saying that in case any such application is filed within a period of one week from today, the same shall be considered by the learned Trial Court within a period of two weeks thereafter and appropriate orders be passed, in accordance with law, without being influenced by anything observed herein. 7. The present civil revision petition stands disposed of in aforestated terms. 8. All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 27.08.2026 JUDGE Ankit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ANKIT 2026.08.27 18:44 I attest to the accuracy and integrity of this document High Court, Chandigarh