Harpreet Kaur vs Surinder Kaur (Since Deceased) Through ...
2024 Latest Caselaw 6727 P&H

Punjab-Haryana High Court

Harpreet Kaur vs Surinder Kaur (Since Deceased) Through ... on 1 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                     2024:PHHC:043277

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                         124                                             CR-1918-2024 (O&M)
                                                                         Date of Decision : 01.04.2024

                         HARPREET KAUR                                                        .... Petitioner

                                                              VERSUS

                         SURINDER KAUR (SINCE DECEASED) THR LRS                           .... Respondents

                         CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                         Present :      Ms. Harpreet Kaur (petitioner) in person.

                         ALKA SARIN, J. (ORAL)

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

the Constitution of India challenging the order dated 27.02.2024 (Annexure

P-9) passed by the learned Civil Judge (Junior Division), Rupnagar in Civil

Suit being CS-884-2020 dated 01.12.2020. It is further prayed that the

application dated 04.12.2023 filed under Order VIII Rule 1 CPC by the

plaintiff-petitioner for striking off the defence of defendant-respondent No.1,

namely, Bhupinder Singh, which is still pending, may be ordered to be

decided.

2. Heard.

3. The brief facts relevant to the present case are that the plaintiff-

petitioner filed a suit for mandatory injunction for restraining defendant-

respondent No.1, namely, Bhupinder Singh from interfering into the

peaceful possession of Simran Dharamshala which is used for religious

purposes and is situated in Khewat No.34/34 Khatauni No.34 bearing

Khasra No.6//3/1/2(1-16) at Simran Nagar, Village Railon Khurd, Tehsil and

District Rupnagar. The plaintiff-petitioner herein, during the pendency of the

integrity of this judgment/order.

2024:PHHC:043277

124 CR-1918-2024 (O&M) -2-

suit, filed an application under Order VIII Rule 1 CPC for striking off the

defence of defendant-respondent No.1, namely, Bhupinder Singh. On

27.02.2024 the learned Civil Judge (Junior Division), Rupnagar passed an

order stating therein that due to personal reasons the Officer concerned did

not want to try the present case and referred the matter to the learned District

and Sessions Judge, Rupnagar for passing appropriate orders with regard to

transferring the same to the Court of competent jurisdiction.

4. Since the matter is pending before the learned District and

Sessions Judge, Rupnagar for directions on the transfer of the present case

and is fixed for 05.04.2024, there is no occasion for this Court to pass any

direction at this stage. Further, in the order dated 27.02.2024 passed by the

learned Civil Judge (Junior Division), Rupnagar in Civil Suit being CS-963-

2020 it is noticed that the application dated 04.12.2023 under Order VIII

Rule 1 CPC was withdrawn by the plaintiff-petitioner and a fresh application

under Order VIII Rule 10 CPC was filed.

5. In view of the above, the present petition is dismissed. Pending

applications, if any, also stand disposed off.

                         01.04.2024                                           (ALKA SARIN)
                         Aman Jain                                               JUDGE

                                      NOTE:        Whether speaking/non-speaking: Speaking
                                                   Whether reportable: YES/NO







integrity of this judgment/order.