Punjab-Haryana High Court
Punjab Singh & Ors vs Sukhvinder Singh & Anr on 23 April, 2009
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
C.R. No. 704 of 2006.
Date of Decision: 23rd April, 2009.
Punjab Singh & Ors. ....Petitioners
through
None
Versus
Sukhvinder Singh & Anr. .Respondents
through None CORAM:
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. [ORAL) This Revision Petition is directed against the order dated 6.12.2005 passed by learned Additional District Judge, Kurukshetra, allowing the appeal of the respondent - plaintiff against the order dated 10.4.2004 passed by learned Civil Judge [Senior Division], Kurukshetra and also restraining the petitioner-defendants from interfering in possession of the respondent-plaintiffs over the suit land except in due course of law.
While issuing notice of motion, this Court vide order dated 6.2.2006 directed the parties to maintain status-quo. That interim order was made absolute while admitting the revision petition.
The dispute pertains to the possessory rights over land measuring 16 kanals comprised in Khasra Nos. 23 and 24, Khatoni No. 81min, Khata No. 179 situated within the revenue estate of village Panva, District Kurukshetra.
From the observations made by the courts below, prima facie, it appears that the land is owned by the Gram Panchayat. It was for that precise reason that the learned trial Court declined the ad-interim injunction.
No one appears on behalf of the parties. May be that by now the suit has been decided on merits.
Be that as it may, even if the suit is still pending, the fact remains that status-quo order is operating from last more than three years. In these circumstances, I do not deem it appropriate to decide this matter on merits which may unnecessarily prejudice either of the parties.
The Revision Petition is accordingly disposed of with a direction that status-quo regarding possession, as already directed by this Court, shall continue to be maintained till the suit is decided. Learned trial Court shall make an endeavour to decide the civil suit as early as possibly and preferably within six months.
Disposed of.
April 23, 2009. ( SURYA KANT ) dinesh JUDGE