Ram Labhaya And Others vs Amarjit Singh And Others
2024 Latest Caselaw 20274 P&H

Punjab-Haryana High Court

Ram Labhaya And Others vs Amarjit Singh And Others on 14 November, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                Neutral Citation No:=2024:PHHC:148859




CR-6425-2024                            1

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                   CHANDIGARH
                      ***

                                               CR-6425-2024
                                               Date of decision : 14.11.2024

Ram Labhaya and others

                                                     ... Petitioners

                   Versus

Amarjit Singh and others

                                                     ... Respondents

CORAM:      HON'BLE MR. JUSTICE VIKAS BAHL

Present:    Mr.Hitesh Ghai, Advocate
            for the petitioners.

VIKAS BAHL, J.(ORAL)

1. This is a Civil Revision Petition filed under Article 227 of the

Constitution of India for directing the Additional District Judge, Ludhiana

to decide the application (Annexure P-3) under Order 41 Rule 5 CPC for

staying the operation of the judgment and decree dated 30.11.2023

(Annexure P-1).

2. Learned counsel for the petitioners has submitted that against

the judgment and decree dated 30.11.2023, the petitioners had filed an

appeal on 04.01.2024 along with an application under Order 41 Rule 5

CPC. In the said appeal, notice of motion was issued by the Additional

District Judge, Ludhiana, vide order dated 05.01.2024 after observing that

there are fairly arguable points involved in the appeal. It is submitted that

thereafter the matter has been adjourned and the matter is now listed for

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Neutral Citation No:=2024:PHHC:148859

11.04.2025. It is prayed that the Ist Appellate Court be requested to decide

the application under Order 41 Rule 5 CPC as expeditiously as possible in

case the main appeal itself cannot be decided for any reason.

3. Keeping in view the abovesaid facts and circumstances, the

present petition is disposed of with a request to the Ist Appellate Court to

decide the application under Order 41 Rule 5 CPC, which is now listed for

11.04.2025, as expeditiously as possible, preferably within a period of two

months from 11.04.2025 in case the main appeal itself cannot be finally

adjudicated for any reason.

(VIKAS BAHL) JUDGE November 14, 2024.

Davinder Kumar

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




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