Citation : 2024 Latest Caselaw 7854 P&H
Judgement Date : 15 April, 2024
Neutral Citation No:=2024:PHHC:050204
138 2024:PHHC:050204
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
FAO No.1739 of 2024 (O&M)
Date of Decision: 15.04.2024
Jasprit Singh
...Appellant
Versus
Lachhman Singh & others
...Respondents
CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA
Present:- Mr. Krishan Singh Dadwal, Advocate,
for the appellant.
****
MEENAKSHI I. MEHTA, J. (ORAL)
By way of filing this appeal, the appellant-plaintiff No.2 has
assailed the order, passed by learned Additional District Judge, Hoshiarpur
(for short 'the Lower Appellate Court') in Civil Appeal No.231 of 2022
titled as 'Lachman Singh & ors vs. Sukhdev Singh & ors' for deciding the
application moved by the respondents-defendants (the appellants in the Civil
Appeal) under Order 41 Rule 5 CPC, whereby the operation of the judgment
and decree, handed down by the trial Court, has been ordered to be stayed
till the disposal of the afore-referred Civil Appeal.
2. However, at the time of assisting the Court at the preliminary
stage in the present appeal, learned counsel for the appellant has restricted
his prayer to the issuance of a direction to the Lower Appellate Court to
decide the above-mentioned Civil Appeal at the earliest possible, while
submitting that the same is pending since the year 2022.
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Neutral Citation No:=2024:PHHC:050204
FAO No.1739 of 2024 (O&M) -2- 2024:PHHC:050204
3. Keeping in view the afore-discussed limited prayer as made by
learned counsel for the appellant and also the fact that the above-said Civil
Appeal is pending adjudication for the last almost two years and without
commenting or expressing any opinion on the merits of the same and also
of the impugned order, the appeal in hand is, hereby, disposed of with the
direction to the Lower Appellate Court to decide the Civil Appeal under
reference, in accordance with law, as expeditiously as possible.
(MEENAKSHI I. MEHTA)
15.04.2024 JUDGE
seema
Whether speaking/reasoned: Yes
Whether Reportable: No
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