Harbhajan Singh And Others vs The State Of Punjab And Others on 23 November, 2009
The order of redemption has been validly passed on
24.1.2005 (Annexure P4). The said order is subject matter of
challenge in the civil suit filed by respondents No.3 to 8. Insofar as
the stay is concerned, the learned Civil Judge (Junior Division),
Batala vide order dated 23.12.2005 (Annexure P6) has restrained the
defendants (now petitioners) from taking possession of the suit land
from the plaintiffs illegally, forcibly and except in due course of law.
This Court in the case of Suraj Bhan v. Smt. Chander Kanta,
1998 (3) PLR 315, in a case relating to proceedings under the
Redemption of Mortgages (Punjab) Act, 1913, observed that where
the defendants had taken up proceedings under the Act before the
revenue authorities in accordance with law for taking possession of
the land mortgaged with the plaintiff, the civil court would not
interfere with the proceedings going on before the revenue Courts by
grant of injunction thereby curtailing the right of the defendants.
CM No.11149 of 2009 and [11]
CWP No. 2201 of 2008
Steps taken in the proceedings before the revenue Courts in
accordance with the law do not cause any injury to any party.