High CourtsSingle Bench(2019) 08 P&H CK 0039

Dogar Ram And Another vs Guru Ravidass Charitable Trust Committee & Ors.

Punjab And Haryana At Chandigarh · Decided on 8 August 2019

HON’BLE JUDGES
B.S. Walia, J
RESULT
Disposed Off
CASE NUMBER
Civil Revision No. 4696 Of 2019 (O&M)

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Judgment

13 paragraphs · 438 words

B.S.Walia, J

CM No.15722-CII of 2019

Allowed as prayed for.

CR No.4696 of 2019

1.

Revision petition has been filed for the issuance of directions to the learned trial Court to decide CS-915/2017 titled as 'Shri Guru Ravidass Charitable Trust Committee vs. Dogar Ram and others, pending in the Court of Ms. Navdeep Kaur Gill, Addl. Civil Judge (Senior Division), SBS Nagar, within a specified period of time.

2.

Brief facts of the case leading to the filing of the revision petition are that a civil suit was filed on 19.12.2017 by respondent No.1, through respondent No.2, praying for a permanent injunction along with an application for temporary injunction against the petitioner and respondent Nos.3 to 14. Ex parte stay, Annexure P/2 dated 19.12.2017 was granted by the learned trial Court in favour of respondent No.1-plaintiff. The petitioners filed an application for vacation of ex parte stay order dated 19.12.2017. However, the same was dismissed. Thereafter, the petitioners filed an appeal in the Court of the learned District Judge, SBS Nagar and the same was disposed of by taking note of the fact that the learned trial Court had already heard arguments on the application U/o 39 Rules 1 and 2 read with Section 151 CPC and that in the circumstances, the file of the learned trial Court be sent back with a direction to dispose of the application expeditiously.

3.

Grievance of the petitioners is that despite the aforementioned direction of the learned District Judge, the learned trial Court has not decided the matter thereby prejudicially affecting the rights of the petitioners.

4.

Prayer in the revision petition is for the issuance of directions to the learned trial Court to decide the matter as expeditiously as possible.

5.

I have considered the prayer made in the revision petition and have perused the paper book.

6.

In view of the innocuous nature of the prayer made, I propose to dispose of the revision petition without issuing notice to the respondents since issuance of notice would merely delay the proceedings further besides would entail unnecessary expense being incurred by the respondents in engaging a counsel to represent them before this Court.

7.

Taking into account all aspects of the matter including the fact that petitioner No.1 is 82 years of age, I deem it appropriate to dispose of the revision petition by directing the learned trial Court to decide civil suit bearing No.CS-915/2017 titled 'Shri Guru Ravidass Charitable Trust Committee vs. Dogar Ram and others', expeditiously after affording due opportunity to all concerned, in accordance with law.

8.

Revision petition disposed of in aforementioned terms.

Whether speaking/reasoned Whether reportable