High Court Punjab-Haryana High Court

Gurlal Singh And Others vs Ram Kumar on 4 November, 2009

Punjab-Haryana High Court
Gurlal Singh And Others vs Ram Kumar on 4 November, 2009
C.R. No. 6353 of 2009                                                   [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH.

                                 C.R. No. 6353 of 2009

                                 Date of Decision: November 4, 2009



Gurlal Singh and others

                                      .....Petitioners

            Vs.

Ram Kumar

                                      .....Respondent


CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                          -.-

Present:-   Mr. Inderjit Sharma, Advocate
            for the petitioners.

                   -.-



M.M.S. BEDI, J. (ORAL)

It is contended that an application under Order 41 Rule 5 CPC

filed by the defendant-petitioners is not being decided despite the fact that

order of rejection of appeal for want of Court fee stands cured by payment

of Court fee. It is stated that first appeal stands admitted. The sole prayer

made in the present revision petition is that a direction should be given to

Additional District Judge, Bathinda to decide the application under Order

41 Rule 5 CPC, as the respondent- decree holder of a decree for specific
C.R. No. 6353 of 2009 [2]

performance is taking steps to dispossess the petitioners despite the

pendency of their first appeal.

Counsel for the petitioners has submitted that the Additional

District Judge is on leave till November 17, 2009 whereas the next date of

hearing before the lower Appellate Court is November 21, 2009.

This petition is disposed of with a direction to the Additional

District Judge, Bathinda to dispose of the application under Order 41 Rule 5

CPC on November 21, 2009 or on any other date fixed by the said Court for

the said purpose. Status quo regarding the possession of the property in

dispute will be maintained till November 21, 2009.

November 4, 2009                                  (M.M.S.BEDI)
 sanjay                                             JUDGE