SAPNA GARG Vs. NAHAR CHAND

JUDGEMENT

(1.) THE civil appeal No. 30 -A/25.04.2012 of the petitioner, herein, has been pending before the Additional District Judge, Bathinda, that has been filed by the petitioner, herein, challenging, therein, the judgment and decree dated 20.08.2011 passed by the Additional Civil Judge (Sr. Division), Bathinda in Civil Suit No. 33 of 24.02.2011 RT 679 of 31.07.2003, whereby, the suit of the respondent, herein, was decreed for possession of the suit land and preliminary decree was ordered to be passed. During the pendency of the appeal, IBID, the petitioner, herein, filed application (Annexure P -2) before the trial Court to the effect that a divorce petition was filed by her husband, that was allowed wrongly and illegally by the District Judge vide judgment and decree dated 05.05.2005.

(2.) AGGRIEVED , against the same, she has filed FAO No. 132 -M of 2005 before this Court, that is still pending for adjudication. It has been further averred in the application that in the divorce case when her maintenance amount was fixed by the Court, then her husband had taken a plea that she (petitioner, herein) is already having a place of residence in the suit house and on consideration of this prayer of the husband of the petitioner, a very less amount of maintenance was fixed.

(3.) THIS application was dismissed vide order dated 28.10.2013 (Annexure P -3). Aggrieved, thereagainst, the petitioner, who is appellant before the Appellate Court has come up in this revision with prayer for acceptance, thereof, and for acceptance of his application of stay of hearing of the appeal, that has been dismissed by the Appellate Court.