Daljit Kaur vs Yadwinder Kumar Sharma And Ors

Mandeeppannu, J

The present civil revision petition has been filed under Article 227 of the Constitution of India for issuance of directions to the Court of learned Additional Civil Judge (Sr. Division)/Rent Controller, SAS Nagar, Mohali, for deciding the application under Section 10 of CPC filed by the petitioner in Rent Petition titled as ‘Yadwinder Kumar Sharma and others Vs. Daljit Kaur’ in a time bound manner.

Learned counsel for the petitioner submits that the petitioner has filed an application under Section 10 of the CPC, praying that the ejectment petition be stayed until the disposal of the civil suit for specific performance filed by her, as the subject matter in both the cases pertains to the house bearing No. 1518, Sector-69, SAS Mohali. He further contends that instead of deciding the said application, the learned trial Court has proceeded with the trial of the civil suit for specific performance. Learned counsel emphasizes that the findings in the civil suit are likely to have a direct impact on the ejectment proceedings, and, therefore, the application filed by the petitioner under Section 10 CPC for staying the ejectment petition deserves to be allowed.

He further submits that he will be satisfied in case a direction be issued to the learned Rent Controller to decide the application filed by he petitioner under Section 10 CPC within a time bound manner.

The matter being limited in scope and involving a short question of law, no notice was considered necessary to be issued to the respondents.

I have heard learned counsel for the petitioner and gone through the case file. In the peculiar facts and circumstances of the case and keeping in view the fact that the application under Section 10 CPC is pending since 13.08.2024, it is deemed appropriate to direct the learned Rent Controller to decide the application filed by the petitioner under Section 10 CPC in a time bound manner.

Accordingly, the present petition is allowed. The learned Additional Civil Judge (Sr. Division)/Rent Controller, SAS Nagar, Mohali, is requested to make every endeavour to dispose of the application under Section 10 of CPC filed by the petitioner in Rent Petition titled as “Yadwinder Kumar Sharma and others Vs. Daljit Kaur” as expeditiously as possible and preferably within a period of one month from the date of receipt of a certified copy of this order.

All pending miscellaneous application(s), if any, stands disposed of.