Punjab-Haryana High Court
Ram Labhaya And Others vs Amarjit Singh And Others on 14 November, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:148859
CR-6425-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CR-6425-2024
Date of decision : 14.11.2024
Ram Labhaya and others
... Petitioners
Versus
Amarjit Singh and others
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Hitesh Ghai, Advocate
for the petitioners.
VIKAS BAHL, J.(ORAL)
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for directing the Additional District Judge, Ludhiana to decide the application (Annexure P-3) under Order 41 Rule 5 CPC for staying the operation of the judgment and decree dated 30.11.2023 (Annexure P-1).
2. Learned counsel for the petitioners has submitted that against the judgment and decree dated 30.11.2023, the petitioners had filed an appeal on 04.01.2024 along with an application under Order 41 Rule 5 CPC. In the said appeal, notice of motion was issued by the Additional District Judge, Ludhiana, vide order dated 05.01.2024 after observing that there are fairly arguable points involved in the appeal. It is submitted that thereafter the matter has been adjourned and the matter is now listed for 1 of 2 ::: Downloaded on - 18-11-2024 23:27:38 ::: Neutral Citation No:=2024:PHHC:148859 CR-6425-2024 2 11.04.2025. It is prayed that the Ist Appellate Court be requested to decide the application under Order 41 Rule 5 CPC as expeditiously as possible in case the main appeal itself cannot be decided for any reason.
3. Keeping in view the abovesaid facts and circumstances, the present petition is disposed of with a request to the Ist Appellate Court to decide the application under Order 41 Rule 5 CPC, which is now listed for 11.04.2025, as expeditiously as possible, preferably within a period of two months from 11.04.2025 in case the main appeal itself cannot be finally adjudicated for any reason.
(VIKAS BAHL) JUDGE November 14, 2024.
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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