HET RAM CHAUHAN Vs. KAPILA KUMAR

JUDGEMENT

(1.) THE report of the learned Additional District & Sessions Judge, Panchkula has been received in terms of the previous order. The status of Civil Suit No. 284 of 2009 is reported decided and an appeal is pending hearing on July 22, 2014.

(2.) MS . Payel Mehta has produced attested copies of plaints in Civil Suit No. 284 of 2009 where the cause title is Sarabjit Kumar vs. Karanveer Verma and others. The other is Civil Suit No. 308 of 2011 titled Kapila Kumar wife of Sh. Sarabjit Kumar vs. Hiteshwari Paper Moulding Private Limited and others. This suit was instituted on August 19, 2011 by the wife after the dismissal of the suit filed by the husband from which the said appeal is pending.

(3.) THE learned counsel for the petitioner points out to the order dated May 08, 2013 passed by the Civil Judge (Junior Division), Panchkula by which the suit qua defendant Nos. 1, 2, 3, 5 and 9 has been dismissed. Defendant Nos. 4, 6 to 8 are ex parte. The only contesting defendant left is defendant No. 10 Tirlok Singh who is stated to be no longer a shareholder of the respondent No. 1 company and has no subsisting interest left in the lis. Ms. Mehta refers to the earlier interim order dated August 29, 2011 by which the trial Court restrained the defendants from alienating the suit property which includes the present petitioner who is arrayed as defendant No. 5. The order dismissing the suit inter alia qua the petitioner and all but one of defendants i.e. defendant No. 10 Tirlok Singh has attained finality. Notwithstanding the dismissal of the suit qua the petitioner, the temporary injunction continues to operate detrimental to the interest of the petitioner on account of which he is facing undue hardship.