Punjab-Haryana High Court
Harjinder Singh vs Karnail Kaur on 29 September, 2023
2023: PHHC:127204
119
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-2205-2023 (O&M)
DECIDED ON: 29.09.2023
HARJINDERSINGH u,,. PETITIONER
VERSUS
KARNAILKAUR a RESPONDENT
CR-2677-2023 (O&M)
DECIDED ON: 29.09.2023
HARJINDERSINGH au PETITIONER
VERSUS
KARNAILKAUR a RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.
Present: None for the petitioner(s)
in both the cases.
Mr. Prateek Sodhi, Advocate for
Mr. Manish Verma, Advocate
for the respondent-caveator.
SANJAY VASHISTH, J (ORAL)
1. This order shall dispose of both the civil revision petitions
i.e. CR No.2205 of 2023 and CR No.2677 of 2023 as both of them arise
out of the same dispute regarding the same demised shop between the
same parties.
2. Civil revision petition i.e. CR-2205-2023 has been instituted
by the tenant against the concurrent findings of allowing of the
application filed by the landlord for eviction of the tenant, under Section
13 of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act
No. III of 1949).
LAVISHA
2023.09.30 09:51
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court,
Chandigarh
CR-2205-2023 (O&M)
and CR-2677-2023 (O&M) -2-
3. Civil revision petition i.e. CR-2677-2023 has been instututed
by the tenant against the orders dated 21.03.2023 and 29.03.2023,
whereby the Executing Court in execution application No.17 of 2023 had
issued warrant of possession of the shop in question, by providing the
police help.
4. Counsel for the respondent-Caveator today again, reiterates
his stand taken in the order dated 11.08.2023 and submits that in view of
the fact already recorded by this Court, both the present petitions are
worth for its disposal as the same being rendered infructuous.
Order dated 11.08.2023 is reproduced here under:-
"127 CR-2205-2023 (O&M) AND
CR-2677-2023
HARJINDER SINGH
VIS
KARNAIL KAUR
Present: Mr. Gautam Diwan, Advocate and
Mr. J.S. Mahal, Advocate for the petitioner(s).
Mr. Prateek Sodhi, Advocate for
Mr. Manish Verma, Advocate
for the respondent-caveator.
3K 2 2
Counsel for the respondent-caveator (landlord)
informs the Court that after issuance of warrants of
possession by the Executing Court, same have already been
executed and possession has also been taken over by the
respondent-landlord on 05.05.2023. Adjourned to
29.09.2023. Photocopy of this order be placed on the file of
connected case.
(SANJAY VASHISTH)
August 11, 2023 JUDGE"
J.Ram
LAVISHA
2023.09.30 09:51
I attest to the accuracy and
authenticity of this order/judgment
Punja Haryana High Court,
Chandigarh
CR-2205-2023 (O&M)
and CR-2677-2023 (O&M) -3-
5. Today, there is no representation on behalf of the
petitioner(s) in both the petitions.
6. Relying upon the statement made by counsel for the
respondent-caveator and also in view of the fact that there is no
representation on behalf of the petitioner(s) to oppose the said stand of
the respondent, both the present revision petitions stand disposed of,
same being rendered infructuous.
7. However, it would be open for the petitioner(s) to move an
appropriate application within a period of four weeks from today, if the
facts stated by counsel for the respondent-caveator are incorrect and if
any cause of action survives.
(SANJAY VASHISTH)
29.09.2023 JUDGE
Lavisha
Whether speaking/reasoned _ Yes/No
Whether reportable Yes/No
LAVISHA
2023.09.30 09:51
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court,
Chandigarh
