Harpreet Kumar And Anr vs Gram Panchayat Malerkotla And Anr
2023 Latest Caselaw 2040 P&H

            CR-650-2023 (O&M)

            116
                                IN THE HIGH COURT OF PUNJAB AND HARYANA
                                             AT CHANDIGARH

                                                                          CR-650-2023 (O&M)
                                                                          Date of Decision: 31.01.2023

            Harpreet Kumar and another                                    ....Petitioners

                                                             Versus

            Gram Panchayat and another                                    ....Respondents

            CORAM: HON'BLE MR. JUSTICE ARUN MONGA

            Present:                  Ms. Srishti Shukla, Advocate
                                      for the petitioners.

                                                  ****

            ARUN MONGA, J. (ORAL)

Petitioner is aggrieved against non adjudication of her application

under Order 39 Rules 1 & 2 CPC on one hand and taking advantage thereof

alleged harassment being meted out to her by the respondents on the other

hand.

2. Ordinarily this Court would have refrained to interfere, given that

the application in question is still pending and that written statement to the

plaint was filed only recently, but since for the purpose of disposal of

application under Order 39 Rules 1 and 2 CPC replication is not warranted, at

this stage, subject of course to file the same subsequently, in case required,

there is thus no impediment to hear arguments on for disposal of the same.

My attention has also been drawn to zimni proceedings of the trial Court from

the date of inception of the suit i.e., 16.06.2022. From the same it transpires

2023.02.01 11:02 I attest to the accuracy and authenticity of this order/judgment CR-650-2023 (O&M)

that as many as 8 adjournments have been granted and the application under

Order 39 Rules 1 and 2 CPC is still pending.

3. The matter is now slated for hearing on 08.02.2023. Revision

petition is disposed of with an expectation that learned trial Court shall make

endeavor to peremptorily decide the pending application under Order 39

Rules 1 & 2 CPC without granting unnecessary adjournments.

4. Pending civil miscellaneous application(s), if any, shall also stand

disposed of.

                                                                           ( ARUN MONGA )
                                                                                JUDGE
            January 31, 2023
            ashish
                                            Whether speaking/reasoned:           Yes/No

                                            Whether reportable:                  Yes/No





2023.02.01 11:02
I attest to the accuracy and
authenticity of this order/judgment