IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

223 CM-733-CWP-2025 in/and CWP-28131-2024 (O&M)

Date of decision : 05.03.2025 RANJEIVEN KAUR RANDHAWA ...... Petitioner VERSUS STATE OF PUNJAB AND ORS ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI ***

Present :- Mr. R. S. Athwal, Advocate for the petitioner.

Mr. T. P. S. Chawla, Senior DAG, Punjab.

Mr. Saurabh Kapoor, Advocate for respondent No.5.

***

Harsimran Singh Sethi, J. (Oral)

CM-733-CWP-2025 The present application under Section 151 CPC has been filed for pre-poning the hearing of the main petition, which is fixed for Learned counsel for the respondents raise no objection if the present petition is heard at an early actual date.

On joint request of learned counsel for the parties, the writ petition is taken up for hearing today itself.

1. In the present petition, the grievance being raised by the petitioner-widow is against an order dated 28.04.2022 (Annexure P-1) passed by the Tribunal envisaged under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as '2007 Act'), by which review filed was dismissed on 05.07.2023 (Anneuxre P-2) against which order, an appeal was preferred before the Appellate Authority, copy of which has been appended as Annexure P-4, which is not being decided.

2. Attorney of petitioner-widow submits that the appeal was filed keeping in view the directions given by this Court while passing order in CWP No.1874 of 2024 titled “Ranjeiven Kaur Randhawa Vs. State of Punjab and others” decided on 30.01.2024 by which direction was given to the Appellate Authority to decide the appeal as expeditiously as possible.

3. Attorney of petitioner-widow submits that the said appeal was preferred in February 2024 and one year has passed but the same is still pending which is causing prejudice as the property in question is being manipulated by the respondents. Attorney of the petitioner further submits that the direction be given that to the Appellate Authority i.e. the Deputy Commissioner, Amritsar to decide the appeal in a time bound manner so that none of the parties face any prejudice.

4. Learned counsel appearing on behalf of the respondents submits that he has no objection in case any such direction is given.

5. Learned counsel for the State submits that appropriate order on the appeal preferred by the petitioner (Annexure P-4), if not already decided, will be decided expeditiously.

6. Keeping in view the agreement between the parties that none of the respondents is opposing the payer of the petitioner for deciding the appeal (Annexure P-4) expeditiously, the Deputy Commissioner, Amritsar is directed to decide the said appeal within a period of four weeks of the receipt of the copy of this order if not already decided.

7. It may be noticed that in case order is yet to be passed in appeal, the Deputy Commissioner will hear the parties before passing the order. Let the parties appear before the Deputy Commissioner on 18.03.2025.

8. Pending applications, if any, also stand disposed of accordingly.

(HARSIMRAN SINGH SETHI)

JUDGE

Rimpal

Whether speaking/reasoned Yes

Whether Reportable : No