Patti L Hartel vs Rajeev Kumar
2024 Latest Caselaw 19327 P&H

Punjab-Haryana High Court

Patti L Hartel vs Rajeev Kumar on 4 November, 2024

Author: Archana Puri

Bench: Archana Puri

                                         Neutral Citation No:=2024:PHHC:142818




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CR-6323-2024

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

Sr. No.145
                                                                 CR-6323-2024
                                                   Date of Decision: 04.11.2024

PATTI L. HARTEL

                                                                      ....Petitioner
                                      Versus

RAJEEV KUMAR
                                                                   .....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:-      Ms. Ramandeep Kaur Bhathal, Advocate
               for the petitioner.

                     *****

ARCHANA PURI, J. (Oral)

The petitioner has invoked the jurisdiction of this Court, under

Article 227 of the Constitution of India, for issuance of direction to the

Appellate Court, for deciding the application under Order 41 Rule 5 CPC.

It is submitted by the counsel for the applicant that initially, the

applicant had filed an appeal before the Appellate Court, to assail the

judgment dated 22.03.2023 passed by the Trial Court, copy whereof is

Annexure P-1 and the said appeal was entertained by the Appellate Court on

24.05.2023. At the inception stage, the case was adjourned for 29.05.2023,

for consideration. Thereupon, on the next date i.e. 29.05.2023, notice was

ordered to be issued to the respondent and the case was fixed further, for

03.07.2023. Furthermore, while making reference to various zimini orders,

the counsel submits that the case was adjourned further, from time to time,

on account of service, not being complete.

Also, it is submitted that earlier also, the petitioner had filed the

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Neutral Citation No:=2024:PHHC:142818

CR-6323-2024

revision petition i.e. CR-6266-2023, which was dismissed as withdrawn,

vide order dated 15.02.2024, copy whereof is Annexure P-10. The same

was withdrawn, solely on account of the respondent making appearance and

stating about the respondent having made appearance before the Appellate

Court. Also, it is submitted that in pursuance of withdrawal of the said

revision petition, though the respondent made appearance before the

Appellate Court, but the arguments were not addressed. In this regard, the

counsel has drawn the attention of this Court, to the zimini orders placed on

record as Annexure P-12. In the given circumstances, it is submitted that a

direction be given to the Appellate Court, to pass an appropriate order, on

the stay application, at first instance.

On query by the Court, it is disclosed by the counsel for the

petitioner that the next date fixed before the Appellate Court is 21.11.2024.

The case being adjourned, time and again, as evident from the zimini orders

placed on record. In the given circumstances, since the respondent is

already making appearance before the Appellate Court, through counsel, the

Appellate Court is hereby requested to dispose of the stay application, within

a period of three weeks, from the next date fixed in the appeal.

In view of the aforesaid terms, the revision petition stands

disposed of.

                                                         (ARCHANA PURI)
04.11.2024                                                   JUDGE
Himanshu

               Whether speaking/reasoned            :    Yes

               Whether reportable                   :    Yes/No




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