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