Nivedita Bhatia & Another vs Municipal Corporation And Othrs
2024 Latest Caselaw 6486 P&H

Punjab-Haryana High Court

Nivedita Bhatia & Another vs Municipal Corporation And Othrs on 21 March, 2024

                                      Neutral Citation No:=2024:PHHC:042396




                                            2024:PHHC:042396
135         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                    CR-1833-2024
                                                    Date of Decision: 21.03.2024

Nivedita Bhatia and another                                      ...Petitioners
                                      Versus
Municipal Corporation, Faridabad and others                      ...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:    Mr. Som Nath Saini, Advocate
            for the petitioners.

            ***

GURBIR SINGH, J. (ORAL)

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

the Constitution of India seeking direction to the Additional District Judge,

Faridabad to take decision on the stay application filed along with the appeal.

2. Learned counsel for the petitioners submits that respondent No.2

filed suit for declaration and mandatory injunction against petitioner and

proforma respondents. Said suit was partly decreed. Petitioner filed appeal

against the said judgment and decree and application for stay of operation of

impugned judgment and decree was filed. Notice was issued to the respondents

for 17.08.2023. Respondents have already appeared but Appellate Court failed

to pass any order on stay application. Now, Municipal Corporation, Faridabad,

respondent No.1 is going to change the entry of ownership of the property in

the municipal record and also would take possession of the property.

3. After arguing for some time, learned counsel for the petitioners

submits that the petitioners would be satisfied if direction is issued to the

concerned Appellate Court to decide the application for stay of the operation of

the impugned judgment and decree in a time bound manner.

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Neutral Citation No:=2024:PHHC:042396

4. Without commenting upon the merits of the case and in the

interest of justice, the concerned Appellate Court is directed to dispose of the

application filed by the petitioners for stay of the operation of impugned

judgment and decree within a period of one month after giving notice to the

other party through counsel and till the disposal of the said application, status

quo as to the possession and alienation qua shop in question as well as entries

regarding the same in the record of Municipal Corporation, Faridabad be

maintained.

5. Petition stands disposed of.

                                                               (GURBIR SINGH)
21.03.2024                                                         JUDGE
Parveen kumar


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




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