Union Of India And Others vs Jasmer Singh And Another on 17 September, 2009

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Punjab-Haryana High Court

Union Of India And Others vs Jasmer Singh And Another on 17 September, 2009

Bench: Satish Kumar Mittal

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH

                          C.R. No. 6323 of 2007

                          DATE OF DECISION: SEPTEMBER 17, 2009

Union of India and others

                                                         .....PETITIONERS
                                Versus

Jasmer Singh and another
                                                        ....RESPONDENTS


CORAM:      HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
                         ---


Present:     Mr.Kamal Sehgal, Advocate,
             for the petitioners.

             None for the respondents.
                  ..

SATISH KUMAR MITTAL, J. (Oral)

The defendants have filed the instant revision petition against the order dated 10.5.2007 passed by the Civil Judge (Jr.Divn.), Patiala, whereby on an application filed by the plaintiffs under Order 39 Rules 1 & 2 CPC, the petitioners (defendants) have been restrained from taking forcible possession or interfering in the peaceful possession of the plaintiffs on the suit land, except in due course of law, till the final adjudication of the case. The petitioners have also challenged the order of the Appellate Authority whereby the appeal filed against the aforesaid order has been dismissed.

After issuing notice of motion, in spite of service, nobody has put in appearance on behalf of the plaintiff-respondents. Therefore, the case was admitted and the operation of the impugned order was stayed. Now the case has been listed for regular hearing. Even today, nobody is present on behalf of the respondents.

C.R. No. 6323 of 2007 -2-

After hearing the counsel for the petitioners and keeping in view the aforesaid fact, and the facts and circumstances of the case, I am of the opinion that the ends of justice would be met if this petition is disposed of with a direction to the trial Court to decide the suit filed by the plaintiff- respondents itself within a period of nine months. Ordered accordingly.

Till then the parties will maintain status-quo with regard to possession and use of the suit land. It is made clear that under the guise of the status-quo, none of the parties will raise any construction, temporary or permanent, or make any type of obstruction on the suit land.

September 17, 2009                             (SATISH KUMAR MITTAL)
vkg                                                     JUDGE

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