Rajesh Kumar vs Mohinder Kumar Malhotra And Others
2023 Latest Caselaw 22206 P&H

Punjab-Haryana High Court

Rajesh Kumar vs Mohinder Kumar Malhotra And Others on 18 December, 2023

                                                     Neutral Citation No:=2023:PHHC:162422




126.                                                          2023:PHHC:162422
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                          CR-7658-2023 (O&M)
                                          Date of decision: 18.12.2023

Rajesh Kumar                                                  .... Petitioner
                                  Versus




Mohinder Kumar Malhotra and others                            .... Respondents


CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:     Mr. R.S. Manhas, Advocate, for the petitioner.
                              ----

GURBIR SINGH, J. (Oral)

1. Prayer in this revision petition filed under Article 227 of the

Constitution of India is for issuance of directions to the learned appellate

Court to decide the appeal filed by respondent No.1-plaintiff expeditiously.

2. Briefly stated, respondent No.1-plaintiff filed a suit for

declaration to the effect that he is the owner of House No.3594, Sector 46-C,

Chandigarh, and also sought for permanent/mandatory injunction against the

defendants. However, vide judgment and decree dated 15.12.2018, said suit

was dismissed. Plaintiff preferred appeal against that judgement and decree

in 2019, but no decision has been taken thereon till date.

3. Learned counsel for the petitioner-defendant No.3 submits that

the appeal filed by respondent No.1-plaintiff is being adjourned on one

pretext or the other. Despite availing number of adjournments by the

plaintiff, case has not been argued till date. Petitioner is a senior citizen being

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Neutral Citation No:=2023:PHHC:162422

CR-7658-2023 (O&M) -2-

76 years of age and at this stage, he would be satisfied if said appeal is

decided in a time bound manner.

4. I have heard learned counsel for the petitioner.

5. Without going into the merits of the case and keeping in view

the limited prayer made by learned counsel for the petitioner-defendant No.3,

the present revision petition is disposed of with a direction to the learned

appellate Court to decide the appeal No.162 of 2019, dated 25.04.2019

(Annexure P-2) filed by respondent No.1-plaintiff expeditiously preferably

within a period of three months from the date of receipt of a certified copy of

this order, without giving any unnecessary adjournment.

                                              (GURBIR SINGH)
                                                 JUDGE
December 18, 2023
sanjeev
          Whether speaking/reasoned:                Yes/No
          Whether reportable:                       Yes/No




                                                   Neutral Citation No:=2023:PHHC:162422

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