Punjab-Haryana High Court
Varinderpal Singh vs Sukhwinder Singh & Ors on 19 September, 2019
Author: Deepak Sibal
Bench: Deepak Sibal
CR No.7889-2016 -1-
256 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No.7889 of 2016 (O&M)
Date of Decision:19.09.2019
VARINDERPAL SINGH ...Petitioner
Versus
SUKHWINDER SINGH AND OTHERS ..Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
Present: Mr. Gorav Kathuria, Advocate for
Mr. M.S.Virk, Advocate for the petitioner.
Mr. Suvir Sidhu, Advocate with
Mr. Harminder Singh, Advocate for the respondents.
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DEEPAK SIBAL, J. (ORAL)
The present petition filed under Article 227 of the Constitution of India is directed against the order dated 25.10.2016 passed by the District Judge, Gurdaspur dismissing an application filed by the petitioner through which he had sought transfer of the civil suits filed by him from Batala to any other Court within district Gurdaspur.
At the time of the hearing of the petition, learned counsel for the petitioner submitted that he has express instructions from the petitioner to the effect that he gives up his challenge to the order impugned in the present petition and that he would be satisfied if the three suits filed by the petitioner which are pending at Batala and in which respondent No.1 is one of the defendants, are directed to be disposed of in a time bound manner.
Learned counsel appearing for the respondents submitted that he has no objection if the above alternate prayer made by the the petitioner is accepted.
1 of 2 ::: Downloaded on - 06-10-2019 01:42:13 ::: CR No.7889-2016 -2- The details of the three suits in which the petitioner seeks directions for them to be disposed of in a time bound manner are as under:-
Case No. Title Stage of trial CS No.224 of 2015 Varinderpal Singh vs. Surinder Singh & Defendants' Ors. Evidence CS No.459 of 2016 Varinderpal Singh vs. Rajwinder Singh & Plaintiff's Evidence Ors.
CS No.461 of 2016 Varinderpal Singh vs. Rajwinder Singh & Plaintiff's Evidence Ors In view of the above submissions made by the learned counsel for the parties as also for the reason that the petitioner's aforesaid suits have been pending for the last 3/4 years, the alternate prayer made by learned counsel for the petitioner is found to be reasonable and is accordingly accepted.
Resultantly, in the petitioner's suit CS No.224 of 2015, which is at the stage of defendants' evidence, two opportunities shall be granted to the defendants to lead their evidence and thereafter after giving one opportunity to the petitioner/plaintiff to lead rebuttal evidence, if any, the suit shall be disposed of within two months from today.
The other two suits i.e. CS No.459 of 2016 and CS No.461 of 2016, are at the stage of plaintiff's evidence and therefore in these suits 3-3 opportunities shall be granted to both parties to lead their respective evidence after which the Trial Court shall dispose of these suits within four months from today.
The petition is disposed of in above terms.
(DEEPAK SIBAL)
September 19, 2019 JUDGE
Whether speaking/reasoned:Yes/NoWhether Reportable:Yes/No Jyoti-IV 2 of 2 ::: Downloaded on - 06-10-2019 01:42:13 :::