Hukam Chand And Others vs Unknown on 10 August, 2009

R.S.A No. 1259 of 2006                                     ::1::

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                       R.S.A No. 1259 of 2006
                                       Date of decision : August 10, 2009


Hukam Chand and others,

                                             ...... Appellant (s)

                           v.

Bhartu,
                                             ...... Respondent(s)

                                 ***

CORAM : HON’BLE MR.JUSTICE AJAY TEWARI

***

Present : Mr. L.N.Verma, Advocate
for the appellants.

Mr. Ashwani Talwar, Advocate
for the respondent.

***

1. Whether Reporters of Local Newspapers may be allowed to see the
judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest ?

***

AJAY TEWARI, J (Oral)

On November 13, 2007 the following order was passed :-

” Learned counsel for the appellant relies upon an

order dated 15.6.2006 passed by the Financial

Commissioner in respect of partition of the common

land. Learned counsel for the plaintiff-respondent seeks

more time to examine the effect of the said order in the

present appeal.

List on 22.1.2008.”

Counsel for the parties are agreed that the order of the Financial
R.S.A No. 1259 of 2006 ::2::

Commissioner in partition proceedings is now subject to the decision in

civil suit No.198 of 2009, `Surat Singh etc. vs Nanhu etc’, pending before

the learned Civil Judge (Junior Division) Panipat. They are also agreed

that in case the said order is upheld by the civil Court, this appeal must be

allowed, and in case it is set aside, this appeal must be dismissed.

In the circumstances, in my opinion, this appeal which deals

only with an injunction matter has been rendered infructuous and both the

counsel are not in a position to deny this fact. However, counsel for the

appellant has argued that this Court had passed an interim order directing

parties to maintain status quo. In the circumstances, I feel it appropriate to

dismiss this appeal as having been rendered infructuous leaving it open to

the parties to agitate and establish their claim before the civil Court, with a

further direction that the parties shall maintain status quo with regard to the

property in dispute till the disposal of the said civil suit. Ordered

accordingly.

                                          ( AJAY TEWARI            )
August    10, 2009.                            JUDGE
`kk'