High CourtsSingle Bench(2010) 12 P&H CK 0620

Somsons Colonizers Private Limited vs Pushpinder Singh Tulsi and Others

Punjab And Haryana At Chandigarh · Decided on 16 December 2010

HON’BLE JUDGES
Mahesh Grover, J
CASE NUMBER
CR No. 3399 of 2010 (O and M)

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Judgment

7 paragraphs · 309 words

Mahesh Grover, J.—After arguing for some time, learned Counsel for the parties are agreed that this revision petition be disposed of with a direction to the learned Trial Court to expedite the proceedings.

2.

The prayer in the given set of circumstances and backdrop of the controversy seems to be justified.

3.

The Petitioner who is a developer and colonizer has admittedly purchased 25 acres of land regarding which there is no dispute. The controversy inter se between the parties is only confined to 4.5 acres of land belonging to the Respondents who denies the agreement to sell in favour of the Petitioner regarding this land.

4.

The Petitioner has since constructed houses and shops in the area which was sold to him. Therefore, the injunction which has been declined to the Petitioner affects his right on the property which he has purchased and rightfully constructed shops and houses.

5.

It is thus directed that the Petitioner shall have a right to sell constructed portions of houses and shops which he has constructed on 25 acres of land and are subject matter of sale deeds in his favour. In so far the remaining 4.5 acres is concerned neither the Petitioner nor the Respondents shall be entitled to alienate the same. The parties shall maintain status quo with regard to possession and alienation.

6.

Learned Trial Court shall grant three opportunities to the Petitioner to conclude his evidence. No further indulgence shall be shown to him under any circumstances. Likewise, the Respondents No. 1 to 5 and Respondent No. 6 shall also be given three opportunities each to lead their entire evidence. Each of these opportunities granted to the Petitioner and Respondents shall be spread over a period of not more than three weeks. The trial shall thereafter be concluded preferably within a period of 8 months.

7.

Disposed of.