RANJEET SINGH Vs. KESHAV DHIMAN

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner/defendant has challenged order dtd. 26/8/2021, passed by the Court of learned District Judge, Chamba, in Civil Miscellaneous No. 07 of 2021, titled as Keshav Dhiman vs. Ranjeet Singh, in terms whereof, learned Appellate Court after setting aside the order passed by learned Trial Court, dtd. 26/8/2021, in terms whereof the application filed by the present respondent under Order 39, Rules 1 and 2 of the Code of Civil Procedure was dismissed, granted the following relief in favour of the respondent herein: "24. In view of my above discussion and findings appeal succeeds and the same is allowed. The impugned order, dtd. 6/6/2021, passed by Ld. Civil Judge, Dalhousie, District Chamba, H.P., in CMA No. 95/2021, in Civil Suit No. 74/2021, titled as 'Keshav Dhiman vs. Ranjeet Singh', is hereby set-aside. Instead, the application under XXXIX Rule 1 and 2 CPC is allowed. Consequently, the respondent is restrained from raising any construction over the suit land, till the pendency of the suit. The observations made hereinabove while deciding the present appeal shall not be construed as an expression of opinion on merits of the suit. The parties are left to bear their own costs. Memo of cost be prepared. The parties are directed to appear before the ld. Court below on 31/8/2021, as already fixed by the learned Trial Court."

(2.) This revision petition was filed in the year 2021 and no interim was granted to the petitioner by the Court. The civil suit in issue is stated to have been filed by the respondents in the year 2021 itself. On a query put to learned Counsel for the parties by the Court, the Court stands informed that the case is at the stage of filing of replication to the written statement by the plaintiff before the learned Court below.

(3.) Be that as it may, having heard learned Counsel for the parties and further taking into consideration the peculiar facts involved in the lis between the parties, this Court is of the considered view that it will be in the interest of parties, in case, learned Trial Court is requested to make an endeavour to decide the civil suit itself on merits, as expeditiously as possible and not later than 31/12/2023. Ordered accordingly.