Sher Singh And Others vs Naraini Devi And Others on 12 October, 2009

C.R. No. 5832 of 2009                                                   [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH.

                                 C.R. No. 5832 of 2009

                                 Date of Decision: October 12, 2009



Sher Singh and others

                                      .....Petitioners

            Vs.

Naraini Devi and others

                                      .....Respondents


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

                          -.-

Present:-   Mr. S.K. Jain, Advocate
            for the petitioners.

                  -.-



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

Plaintiff- petitioners have preferred this revision petition

against the order dated September 5, 2009 passed by the lower Appellate

Court modifying the order of maintenance of status quo regarding alienation

and possession of the suit property, in a suit filed against the defendant-

respondents for injunction pertaining to a property left by Bala Ram, sister

of proforma respondent No.5- Parmeshwari. The lower Appellate Court has

prima facie formed an opinion that since Parmeshwari after acquiring
C.R. No. 5832 of 2009 [2]

property of Bala Ram had released it to the extent of 3/4th share to the

plaintiff- petitioners and 1/4th share to the defendant- respondents, as such it

was ordered by the lower Appellate Court that in case the property is

alienated by the defendant- respondents to a third party, all the documents

of alienation will be placed before the Court to safeguard the interests of the

parties against the subsequent vendees.

Counsel for the plaintiff- petitioners has contended that the

lower Appellate Court has not observed anything regarding the possession

while disposing of the appeal.

After hearing counsel for the plaintiff- petitioners and going

through the orders passed by the Courts below, I am of the opinion that the

trial Court vide order dated August 1, 2007 had ordered the parties to

maintain status quo regarding alienation and possession of the suit property

till final decision of the case. The Lower Appellate Court while deciding

the appeal against the order dated August 1, 2007 has not even referred to

the possession of the property. It is also not mentioned whether the interim

order qua possession has been ordered to be maintained or it has been set

aside.

This revision petition is disposed of with a direction to the

Additional District Judge, Sirsa, deciding the appeal to give a positive

observation in the order regarding the possession during the pendency of the

suit before the civil Court. The lower Appellate Court will take up the case

on November 7, 2009 for said purpose. It will be open to the said Court to

issue notice to the respondents before passing any order pertaining to
C.R. No. 5832 of 2009 [3]

possession during the pendency of the suit. It is ordered that till the matter

is taken up by the lower Appellate Court, status quo regarding possession of

the property in dispute, as ordered by the trial Court, will be maintained.

Disposed of.

October 12, 2009                                   (M.M.S.BEDI)
 sanjay                                              JUDGE