CR-565-2023 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR No.565-2023 (O&M)

Date of decision: 01.02.2023

Harbans Kaur and others

…Petitioners

Vs.

Harjit Singh and others

…Respondents

CORAM: HON’BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Amit Jhanji, Senior Advocate with

Mr. B.S.Patwalia, Advocate,

For the petitioners.

Mr. Prateek Sodhi, Advocate,

For respondent No.1.

***

ARUN MONGA, J. (ORAL)

Revision petition is directed against order dated 12.01.2023

(Annexure P-12) whereby in the civil misc. appeal under Order 43 Rule

1CPC filed by respondent No.1, learned Additional District Judge, Amritsar

has ordered to maintain status quo with regard to the property in question.

2.

Learned Senior counsel for petitioners submits that plaintiff-

respondent No.1 filed a suit for declaration against defendant-petitioners that

the parties to the suit are legally entitled to inherit the entire movable and

immovable assets of Late Charanjit Singh Chadha in equal shares on the

basis of natural succession, falsely stating that Late Charanjit Singh had died

intestate on 03.12.2021. He further submits that at the time of filing of the

suit the registered Will and deed of inheritance of Charanjit Singh in favour

of petitioners were not annexed with the civil suit. He further submits that

petitioners filed a detailed reply. Respondent No.1 also filed an application

under Order 39 Rule 1 and 2 CPC. Vide order dated 10.12.2021, in the

absence of registered Will or the deed of inheritance, respondent No.1

VANDANA

2023.02.10 14:19

I attest to the accuracy and

integrity of this document

CR-565-2023 (O&M)

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succeeded to get an interim order restraining petitioners from alienating the

property in dispute.

2.1

Vide order dated 09.01.2023 (Annexure P-11), learned trial

Court dismissed the application under Order 39 Rule 1 and 2 CPC filed by

plaintiff-respondent No.1. Learned trial Court noticed that the property of

Late Sh. Charanjit Singh Chadha has been prima facie inherited on the basis

of duly registered Will dated 23.08.2021. Against the dismissal of the

application, respondent No.1 filed an appeal under Order 43 Rule 1 CPC.

Said appeal was listed before learned Additional District Judge, who passed

the impugned order dated 12.01.2023 (Annexure P-12), vide which

petitioners have been directed to maintain status quo with regard to the

property till further orders. Learned Additional District Judge has not taken

into consideration the registered Will and inheritance deed Annexures P-1 to

P-3 executed by late Sh. Charanjit Singh, contends the learned Senior

counsel. Hence, the instant petition.

3.

Having heard the arguments, it transpires that the controversy

narrows down to the limited extent of the apprehension of petitioners that in

view of the record of the trial Court having been summoned on the next date

of hearing before learned Appellate Court i.e.. on 06.02.2023, in case the

same is not returned, further trial shall remain at abeyance.

4.

The petitioners’ apprehensions of delay in the proceedings

before trial Court can easily be obviated by ensuring that either learned First

Appellate Court returns the records to learned trial Court after the slated

hearing or alternatively by scanning and keeping its copy in the form of

compact disc or in case either of the parties wishing to have the same to be

VANDANA

2023.02.10 14:19

I attest to the accuracy and

integrity of this document

CR-565-2023 (O&M)

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referred at the time of hearing by obtaining the photocopies of the same, at

own cost.

5.

Given that the petitioner is a widow and senior citizen being 83

years old, it would be appreciated if the hearing of the appeal is expedited

without granting any unnecessary adjournments.

6.

Disposed of accordingly.

February 01, 2023

(ARUN MONGA