In the High Court of Punjab and Haryana at Chandigarh
......
Civil Revision No.1303 of 2003
.....
Date of decision:7.10.2009
Inspector of Works, Northern Railways, Sonepat
.....Petitioner
v.
D.V. Senior Secondary School, Sonepat and another
.....Respondents
....
Present: Mr. Puneet Jindal, Advocate for the petitioner.
None for the respondents.
.....
S.S. Saron, J.
This revision petition has been filed by the Inspector of Works
of Northern Railways, Railway Station, Sonepat against the orders dated
27.5.2000 and 10.12.2002 passed by the learned trial Court and the first
appellate Court respectively whereby the application filed by the plaintiff-
respondent D.V. Senior Secondary School, Sonepat has been decided in its
favour and the defendants have been restrained from evicting the plaintiff-
respondent from the suit land except in due course of law.
The plaintiff-respondent D.V. Senior Secondary School,
Sonepat filed a suit for permanent injunction inter alia alleging that in
September 1981 it had taken land measuring 2500 sq. yards from defendant
No.2-petitioner for the purpose of playground of the school. The petitioner,
it is alleged, had been discriminating against the plaintiff by asking
enhanced lease money from Rs.2250/- to Rs.37,000/-. The application for
temporary injunction filed by the plaintiff-respondent has been allowed by
Civil Revision No.1303 of 2003
[2]
both the Courts below. On the last date of hearing, intimation was sought
from the trial Court by a FAX messaged as to the stage of the proceedings,
however, no intimation has been received.
Learned counsel for the petitioner submits that he has sent
registered letter, however, he has also not been informed as to the stage of
the case.
In the circumstances, the present petition is disposed of with
the direction that the interim order granted by the Courts below shall
continue during the pendency of the suit before the trial Court and in case
the suit has been disposed of, the present petition shall be treated to have
been rendered infructuous.
October 7, 2009. (S.S. Saron)
Judge
*hsp*
NOTE: Whether to be referred to the Reporter or not:Yes/No