Punjab and Haryana High Court

CIVIL APPEAL 4134 of 2006 on 31 October 2006

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Civil Revision No.4134 of 2006 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH

Civil Revision No.4134 of 2006 (O&M) Decided on : 1-09-2009

Shamsher Singh & another

.... Petitioners

VERSUS

Davinder Singh

.... Respondent

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

Present:-Mr. Jagdeep Singh, Advocate,for the petitioners.Mr. Sanjiv Gupta, Advocatefor the respondent.

SATISH KUMAR MITTAL, J (Oral).

The petitioners (defendants) have filed the instantrevision petition against order dated 30.09.2005 passed by the CivilJudge, Junior Division, Ludhiana, whereby the application filed bythe plaintiff (respondent) under Order 39 Rules 1 & 2 of C.P.C. forinterim injunction, was allowed and the defendants (petitioners)were restrained from alienating the specific portion of the suitproperty and further from raising construction on the suit property tillthe final decision of the case. The order dated 11.05.2006, wherebythe above said order was affirmed by the Additional District Judge,Fast Track Court, Ludhiana, in appeal filed by the defendants(petitioners) has also been challenged.

When on October 31, 2006, this revision petition wasadmitted, the operation of impugned order was stayed.

Counsel for the parties have submitted that this petitionmay be disposed of with a direction to the Trial Court to decide themain suit filed by the plaintiff (respondent) within a period of 9months and till the decision of the suit, the interim order passed bythis Court may be ordered to continue.

In view of above, this revision petition is disposed of witha direction to the Trial Court to decide the suit filed by the plaintiff(respondent) if already not decided, expeditiously and preferablywithin a period of 9 months. Till the decision of the suit, the interimorder dated October 31, 2006, passed by this Court will continue.

1[st] September, 2009.(SATISH KUMAR MITTAL)MonikaJUDGE

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