Paramjit Singh Sandhu (Since ... vs Gurmit Kaur Mann And Others
2023 Latest Caselaw 19040 P&H

                                                         Neutral Citation No:=2023:PHHC:140531




                                           2023:PHHC:140531
113         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

(1)                                                 CR-6510-2023
                                                    Date of Decision: 03.11.2023

Paramjit Singh Sandhu (since deceased) through LR Amardeep Singh Sandhu
                                                               ...Petitioner
                                   Versus
Gurmit Kaur Mann and others                               ...Respondents

                                        and
(2)                                                 CR-6536-2023
                                                    Date of Decision: 03.11.2023

Paramjit Singh Sandhu (since deceased) through LRs
                                                                         ...Petitioner
                                      Versus
Gurmit Kaur Mann and others                                        ...Respondents

                                        and
(3)                                                 CR-6560-2023
                                                    Date of Decision: 03.11.2023

Paramjit Singh Sandhu (since deceased) through LRs
                                                                         ...Petitioner
                                      Versus
Gurmit Kaur Mann and others                                        ...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:    Mr. Kanwal Goyal, Advocate
            for the petitioner(s).

            ***

GURBIR SINGH, J. (ORAL)

1. The present revision petition has been filed under Article 227 of

the Constitution of India for setting aside the order dated 10.10.2023

(Annexure P-1) passed by the Ld. ADJ, Kapurthala wherein application dated

19.09.2023 (Annexure P-2) filed by the petitioner for staying the proceedings

in appeal during pendency of application dated 04.05.2022 (Annexure P-6)

filed under Order 9 Rule 13 of CPC has been dismissed.

2. After arguing for some time, learned counsel for the petitioner(s)

submits that he will be satisfied if application i.e. CM/183/2022, CNR

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Neutral Citation No:=2023:PHHC:140531

No.PBKPA00001772022 for setting aside the ex-parte judgment and decree,

which is now pending adjudication for 18.11.2023 is expeditiously decided

first prior to the Civil Appeal Nos.26 of 2022; 28 of 2022 and 29 of 2022,

which have arisen out of the common judgment. Since the application for

setting aside the ex-parte judgment and decree is moved by the LRs and in the

judgment it is noticed that defendant No.9 had already died.

In such circumstances in the interest of justice, the learned

Appellate Court is directed to keep the above mentioned appeals pending till

the disposal of the application filed under Order 9 Rule 13 CPC which shall be

disposed of maximum within six months without granting unnecessary

adjournments.

Petition(s) stands disposed of.

In case, respondents are not satisfied with this order then they can

challenge it by filing application within 30 days.

                                                               (GURBIR SINGH)
03.11.2023                                                         JUDGE
Parveen kumar


                      Whether speaking/reasoned :Yes/No
                      Whether reportable        :Yes/No




                                                            Neutral Citation No:=2023:PHHC:140531

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